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Neutral Citation No. - 2025:AHC:42786 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 544 of 2025 Applicant :- Harshvardhana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar 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 conclude the trial in Complaint Case No.35603 of 2022, under Section 138 Negotiable Instruments Act, Police Station Highway, District- Mathura pending in the Court of Presiding Officer, Additional Court, Mathura 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 this is a complaint case under Section 138 N.I. Act which is kept pending since 2022. It is further submitted that the applicant is the complainant in the aforesaid case and statement of accused has been recorded and examination-in-chief of P.W.1 is also recorded. It is further submitted that opposite party no.2 was summoned on 30.09.2022 but the cross has not been completed by the opposite party no.2 till date. He was granted opportunity to cross-examine the complainant but still no cross examination of complainant was conducted, hence it has been submitted that in the interest of justice a direction should be issued to the trial Court to expedite the proceedings of the aforesaid complaint case. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the applicant is directed to appear before the trial Court just on the next date of listing for further cross- examination and the trial Court is also directed to record the cross- examination of the applicant in one day and thereafter all endeavours shall be made by it for expeditious disposal of the case, 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 :- 24.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad