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Neutral Citation No. - 2025:AHC:31644 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 401 of 2025 Applicant :- Vachaspati Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Ojha,Man Singh Verma 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. 427 of 2021, under Section 138 Negotiable Instrument Act, Police Station Cantt., District Varanasi pending in the Court of Additional Court, Varanasi, expeditiously within stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the applicant is the complainant and present case is pending since
2021. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. It is also submitted that examination-in-chief of the PW-1/ present applicant has been recorded, however, case is pending for long at the stage of cross-examination of PW-2.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It reveals from the perusal of the order sheets that the aforesaid case is pending since long at the stage of cross-examination of PW-2. The opposite party no.2 is not cooperating with the progress of the case. In the circumstances, the Court concerned is directed to decide the aforesaid case within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
7. With the above observations, the application stands disposed of. Order Date :- 5.3.2025/safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad