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2025 DAILYLAW 31361 (ALL)

MOHD. ANEESH AHMAD v. STATE OF U.P. AND ANOTHER

NA529/537/2025 · 2025-04-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65327 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 537 of 2025 Applicant :- Mohd. Aneesh Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Pandey 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. 700 of 2022, under Section 138 Negotiable Instruments Act, P.S.- Adampur, District- Varanasi pending in the Court of learned Additional Judge, 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 opposite party no.2 has appeared and an order was passed by the learned trial Court allowing the application under Section 143A N.I. Act moved by the complainant and an order for interim payment was passed by the Court, which as per the learned counsel for the applicant has not been complied with so far. 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. In the circumstances, the Court concerned is directed to ensure the compliance of its own order dated 20.04.2024 expeditiously and then proceed for expeditious disposal of the case in accordance with law preferably 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. 6. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 28.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad