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2025 DAILYLAW 20973 (ALL)

PARSHURAM YADAV v. STATE OF U.P. AND ANOTHER

NA529/305/2025 · 2025-04-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66734 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 305 of 2025 Applicant :- Parshuram Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No.1540 of 2022 (Parshuram Yadav Vs. Kamlesh Yadav) under Section 138 Negotiable Instrument Act, Police Station Cantt., District Gorakhpur pending in the Court of Addl. Civil Judge (S.D.), Court No.2, Gorakhpur expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in the year 2022 and summoning order was passed on 13.5.2022 against the accused / opposite no.2. The case is at the stage of recording the statement of the accused. Only dates are being fixed in the matter and no effective proceedings are going on. Case is pending for the last three years and it has not been decided on account of delaying tactics adopted by the accused. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. In the circumstances, the Court concerned is directed to make all possible endeavours and take effective steps to record the statement of the accused within a period of two months from the date of receiving the certified copy of this order before it and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid case, if there is no legal impediment. 5. With the above observations, the application stands disposed of. Order Date :- 24.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad