Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 21834 (ALL)

ONKARNATH v. STATE OF U.P. AND ANOTHER

NA529/303/2025 · 2025-04-23

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66849 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 303 of 2025 Applicant :- Onkarnath Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Yadav,Zafaryab Hussain 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.249 of 2023 (Onkarnath Vs. Shri Gopal Gupta) under Section 138 Negotiable Instrument Act, Police Station Kokhraj, District Kaushambi pending in the Court of Addl. Civil Judge (J.D.)-II, Kaushambi, 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 case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2020. Summoning order was passed on 20.4.2024 and since then the matter is pending. Accused is not cooperating with the court and only dates are being fixed for appearance. Almost 2 years have been passed and it has not been decided as yet. 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 to take effective steps to ensure the appearance of the accused person before the court within a period of two months from the date of production of certified copy of this order. It is also directed that on the date fixed by the trial court the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to him on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the complaint case, as described above, if there is no legal impediment. 5. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 6. 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