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Neutral Citation No. - 2025:AHC:65561 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 530 of 2025 Applicant :- Kamal Nayan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Khanna 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 expedite the proceedings of Case No. 1941 of 2015, under Section 138 Negotiable Instruments Act, P.S.- Cantt., District- Varanasi pending before the Presiding Officer of Additional Court, District Varanasi expeditiously within a 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 summoning order in the matter was passed on 7.2.2018 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is further submitted that opposite party no.2 has appeared and the case is pending at the stage of cross examination of P.W.1. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case. 4. I have considered the submissions and perused the entire record. 5. It appears from perusal of the record that the matter is pending at the stage of cross examination of P.W.1 for a period of more than one year, which is very objectionable. The complainant is appearing regularly before the Court but the delaying tactics has been adopted by the opposite party no.2 and the Court is very liberal to adjournment the matter. 6. In the circumstances, the Court concerned is directed to make all endeavours to record the cross examination of P.W.1 preferably within one month from the date of production of certified copy of
this order before it and thereafter all endeavours shall be made for expeditious disposal of the case preferably within six months, if there is no legal impediment. 7. 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 etc.
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. 8. With the above observations, the application stands disposed of. Order Date :- 28.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad