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Neutral Citation No. - 2025:AHC:39331 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 503 of 2025 Applicant :- Pawan Kumar Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Mishra 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. 17772 of 2021, under Section 138 Negotiable Instruments Act, Police Station Nawabad, District Jhansi pending in the Court of Additional Civil Judge (JD), Court No.5, Jhansi, 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 5.2.2022 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is also submitted that the accused / opposite party no.2 is not appearing before the Court concerned. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered huge monetary loss. The accused is not cooperating with the case.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the accused / opposite party no.2 by sending appropriate process to him 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 :- 19.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad