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Neutral Citation No. - 2025:AHC:29843 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6571 of 2025 Applicant :- Kaushal Kumar Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mahesh Kumar Mishra, learned counsel for applicant and Ms. Ruchi Mishra, learned State Law Officer for the State and perused the record.
2. The present 528 BNSS application has been filed with the prayer to direct learned Civil Judge (J.D.)/Judicial Magistrate/14 F.C., Jhansi to decide Complaint Case No.24478 of 2023 (Kaushal Kumar Sahu Vs. Rohit Singh Rajpoot), under Section 138 N.I. Act, Police Station Nawabad, District Jhansi, pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate/14 F.C., Jhansi, within stipulated period.
3. Contention of learned counsel for applicant is that the trial of case is pending since 2023. Though as per the provision of N.I. Act as well as direction of Apex Court, trial of cases under Section 138 of N.I. Act should be concluded within a period of six months.
4. From perusal of order sheet, it appears that in the present case summons were issued on 18.09.2023, but till date appearance of the accused could not be ensured and Presiding Officer was also on leave on 06.01.2024, 28.03.2024, 25.04.2024, 20.07.2024, 09.08.2024, 19.09.2024, 06.11.2024 and 18.12.2024. This fact shows that the Court is either not working at Jhansi or the Presiding Officer has been continuously on leave for a considerably long period, therefore, District Judge, Jhansi is
directed to transfer the cases under N.I. Act to appropriate Court and ensure the expeditious disposal for the proceeding in question.
5. With the aforesaid observation, present application is disposed of.
Order Date :- 27.2.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad