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2025 DAILYLAW 35648 (ALL)

PINKI GUPTA v. STATE OF U.P. AND ANOTHER

NA529/1335/2025 · 2025-05-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79424 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1335 of 2025 Applicant :- Pinki Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kali Charan Yadav 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 court concerned to decide the Complaint Case No.1777 of 2020 (Pinki Gupta Vs. Ganga Sagar) under Section 138 Negotiable Instrument Act, Police Station Bargadwa, District Maharajganj, pending in the Court of Chief Judicial Magistrate, Maharajganj, 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 complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in the year 2020 and summoning order was passed on 17.3.2023 against the accused / opposite no.2. It is also submitted that the evidence of P.W.1 / the applicant / informant has been recorded but since the accused is not cooperating with the trial, the case is pending at the stage of cross-examination of P.W.2. 4. Since in the matters under section 138 of the Negotiable Instrument Act there is specific provision under the Act itself to decide such cases within a stipulated period of time, the trial court is expected to comply with the mandatory provisions of the Act itself and make all endeavours to finally decide the case under reference within the stipulated period of time provided under the Act itself, if there is no legal impediment. 5. With the above observations, the application stands disposed of. Order Date :- 12.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad