Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51701 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 740 of 2025 Applicant :- Smt. Vinita Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 872 of 2024, under Section 138 Negotiable Instruments Act, Police Station Chandausi, District Sambhal pending in the Court of Civil Judge (JD), Sambhal at Chandausi, 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 27.8.2024 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is also submitted that subsequently after issuance of punitive process against the accused, he appeared before the Court and was bailed out and thereafter he is not appearing for recording his statement and the matter is pending unnecessarily.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the order sheets that the case is pending since 2024. Hence, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him within a month from the date of production of certified copy before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, 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 :- 9.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad