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Neutral Citation No. - 2025:AHC:65457 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 675 of 2025 Applicant :- Messrs Om Builders Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Harish Kumar Shukla 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 Complaint Case No. 223 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Beta-2, Noida, District- Gautam Buddh Nagar pending in the Court of learned Additional Court, Court No.1, Gautam Buddh Nagar 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 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 was sent for settlement to the mediation centre but however, the mediation has failed. Earlier on an Application U/S 482 Cr.P.C. No. 43397 of 2023 an order was passed by this Court directing the trial Court to dispose of this case within a period of six months vide order dated 11.12.2023 but the trial is still pending.
6. In the circumstances, the Court concerned is again directed to make all endeavours for expeditious disposal of the case preferably within six months from the date of production of certified copy of this order before it, 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