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Neutral Citation No. - 2025:AHC:55042 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 703 of 2025 Applicant :- Ram Tirth Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Mohan Srivastava 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.1893 of 2023 (New Complaint Case No.7690 of 2024) (Ram Tirth Vs. Jayram) under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Azamgarh pending in the Court of Judicial Magistrate, Court No.24, Azamgarh, 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. The case is running at the stage of appearance of the accused since long whereas the summoning order was passed on 14.8.2024 against the accused / opposite no.2. Applicant before this court is the complainant and he is running to the court regularly but for non- appearance of the accused, no effective proceedings are being taken place. On account of delaying tactics adopted by the accused, the case has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.
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 person before the court within a period of two months from the date of production of certified copy of this order. It is also directed that on the date fixed by the trial court the accused person shall appear before the Court and no adjournment or exemption for appearance will normally be granted to him on any ground whatsoever and thereafter keeping in view the huge pendency of cases in the said court, all endeavours shall be made by the court concerned for expeditious disposal of the complaint case, as described above, 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 :- 7.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad