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2025 DAILYLAW 37624 (ALL)

FAZLE BARI v. STATE OF U.P. AND ANOTHER

NA529/733/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50607 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 733 of 2025 Applicant :- Fazle Bari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava 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. 5207 of 2020, under Section 138 Negotiable Instrument Act, Police Station Mughalsarai, District Chandauli pending in the Court of A.C.J.M. / Civil Judge (SD), Chandauli 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 30.7.20221 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. Thereafter the opposite party no.2 appeared before the Court and was bailed out and since then the trial is pending and only dates are being fixed. It is also submitted that an application under Section 143-A of N.I.Act was moved by the applicant which is pending. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the application moved by the applicant under Section 143-A of the N.I.Act is pending. Hence, the trial court is directed to make all possible efforts to decide the said application within two months from the date of production of certified copy of this order before it and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible, preferably within a period of six months without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. 6. With the above observations, the application stands disposed of. Order Date :- 8.4.2025/safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad