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2025 DAILYLAW 34827 (ALL)

ANIKET v. STATE OF U.P. AND ANOTHER

NA529/652/2025 · 2025-04-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48302 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 652 of 2025 Applicant :- Aniket Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav 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.15409 of 2022 (Aniket Vs. Harendra Singh) under Section 138 Negotiable Instrument Act, Police Station Khandauli, District Agra pending in the Court of Addl. Chief Judicial Magistrate- IX, Agra, 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 2022. Summoning order was passed on 5.6.2023. Prayer has been made to decide the aforesaid complaint case expeditiously. 4. It reveals from the perusal of the record that application under section 143-A of the N.I. Act was decided in favour of the applicant but no money was paid so far by the opposite party no.2. There are several judicial pronouncements that proceedings under section 138 of the N.I. Act may be taken as summary proceeding but the said matter is pending since 2022. The examination-in-chief of P.W.1 has also been recorded. 5. In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the complaint case, as described above, without granting any unnecessary adjournment to either of the parties, 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