RAM SHIROMANI CHAUDHARY v. STATE OF U.P. AND 2 OTHERS
NA529/515/2025 · 2025-03-19
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29362 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40654 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 515 of 2025 Applicant :- Ram Shiromani Chaudhary Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Kumar 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. 17596 of 2022 under Section 138 Negotiable Instruments Act, Police Station Dubauliya, District Basti pending in the Court of Judicial Magistrate, 2nd, Basti 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 20.11.2024 and the opposite party no.2 and 3 were summoned to face trial under Section 138 Negotiable Instruments Act. It is also submitted that subsequently the accused/ opposite party no.2 appeared before the Court but opposite party no.3 is not present and since then only dates are being fixed. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered huge monetary loss.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused/ opposite parties by sending appropriate process to them within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.
6. 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.
7. With the above observations, the application stands disposed of. Order Date :- 20.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad