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2025 DAILYLAW 34750 (ALL)

ABHISHEK PATHAK v. STATE OF U.P. AND ANOTHER

NA529/647/2025 · 2025-04-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48758 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 647 of 2025 Applicant :- Abhishek Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Kumar Srivastava,Smt. Priyanka Srivastava,Subhash Chandra Jaiswal 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.7244 of 2023 (Abhishek Pathak Vs. Rohan Tanna) under Section 138 Negotiable Instrument Act, Police Station Madanpur, District Shahjahanpur pending in the Court of Civil Judge (J.D.) Tilhar, Shahjahanpur, expeditiously 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 said case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2023. Summoning order was passed on 28.2.2024. Accused appeared before the court and bail was granted to him. It is also submitted that the case is pending at the stage of disposal of application under Section 143-A of the N.I. Act. Only dates are being fixed before the court without proceeding for the disposal of the said application. 4. It reveals from the perusal of the record that application under section 143-A of the N.I. Act is pending for disposal. 5. In the circumstances, the Court concerned is directed to decide the application under section 143A of the Negotiable Instrument Act as per law within a period of 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 aforesaid 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 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 :- 3.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad