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2025 DAILYLAW 36626 (ALL)

SARBAJEET KUMAR PANDEY v. STATE OF U.P. AND ANOTHER

NA529/701/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83378 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 701 of 2025 Applicant :- Sarbajeet Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Chaturvedi,Harsh Tiwari 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 expedite the proceedings of Complaint Case No. 3751 of 2018, under Section 138 Negotiable Instruments Act, P.S.- Kotwali, District- Ballia pending in the Court of learned Judicial Magistrate-II, Ballia expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that summoning order in the matter was passed on 28.01.2019 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is further submitted that vide order dated 31.1.2023 passed in Application U/S 482 No. 1351 of 2023 the trial Court was directed to decide this case preferably within a period of one year but the matter is still pending at the stage of evidence and only dates are being fixed. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss as the case pertains to the year 2018. The accused is not cooperating with the case. 4. I have considered the submissions and perused the entire record. 5. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case preferably within three months from the date of production of certified copy of this order before it, 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 etc. 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 :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad