Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48717 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 651 of 2025 Applicant :- Rakesh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Gupta 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.3393 of 2022 (Rakesh Gupta Vs. Santosh Kumar Tripathi) under Section 138 Negotiable Instrument Act, Police Station Gagaha, District Gorakhpur pending in the Court of Additional Chief Judicial Magistrate-II, Gorakhupr, 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 27.5.2022 and since then the matter is pending at the stage of appearance of the accused / opposite party no.2, who is not appearing before the court. Only dates are being fixed for appearance of the accused. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously.
4. I have considered the submissions and perused the record.
5. The present case is pending for appearance of the accused / opposite party no.2 but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own
order and to ensure the service of the process sent to the accused under its name.
6. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused persons before the court and thereafter all endeavours shall be made by the court concerned for the
expeditious disposal of the complaint case, as described above, preferably within a period of six months, without granting any unnecessary adjournment to either of the parties, 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 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 :- 3.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad