Neutral Citation No. - 2025:AHC:55274 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 705 of 2025 Applicant :- Deepak Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Additional Sessions Judge, FTC-2, Gautam Budh Nagar to decide the Criminal Appeal No. 99 of 2023 (Rahul Chhabra Vs. Deepak Gupta) arising out of judgment and order dated 7.7.2023 and 10.7.2023 passed in Complaint Case No.228 of 2022 under Section 138 of the Negotiable Instrument Act, expeditiously preferably within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the applicant before this Court is the complainant of the case. The said matter was earlier decided on merits and the the opposite party no.2 was convicted and sentenced under section 138 of the Negotiable Instrument Act by the Special Court. Thereafter on 3.8.2023, the opposite party no.2 preferred an appeal before the Sessions Judge, Gautam Budh Nagar, which was admitted and the appellant (opposite party no.2) was enlarged on bail. At this stage, on 3.8.2023, the opposite party no.2 has filed an application under section 391 read with 311 Cr.P.C. for granting an opportunity to lead defence evidence, but the said application was dismissed by the appellate court, against which opposite party no.2 filed an application u/s 9293 of 2024. The said application was disposed of by this Court vide order dated 27.5.2024 with the direction that the opposite party no.2 / accused shall produce himself as defence witness before the trial court and only one defence witness shall be recorded by the court. From the perusal of the record it reveals that inspite of order of this Court, the opposite party no.2 / accused failed to produce himself as defence witness and the trial court is little lethargic to record his evidence as per direction of this Court. 4. I have considered the submissions and perused the record. 5. In these circumstances, the court concerned is directed to record the evidence of opposite party no.2 / accused as D.W.1 within a period of one month from the date of receiving of the certified copy of this order and thereafter shall proceed to decide the aforesaid appeal as expeditiously as possible. 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 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 :- 7.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad