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2025 DAILYLAW 39565 (ALL)

DINESH KUMAR TIWARI v. STATE OF U.P. AND ANOTHER

NA529/787/2025 · 2025-04-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52614 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 787 of 2025 Applicant :- Dinesh Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tiwari,Sunil Kumar 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. 1877 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Civil Lines, District- Prayagraj pending in the Court of learned Additional Court (N.I. Act), Room No.02, Prayagraj 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 27.03.2024 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The trial is pending since 2023. The opposite party no.2 has appeared before the Court and granted bail but however subsequently no statement of accused has been recorded so far 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. 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 record the statement of accused within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 10.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad