Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89585 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 802 of 2025 Applicant :- Anuj Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Yadav,Saransh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed by the applicant with a prayer to direct the court concerned to decide the Case No.463 of 2021 (Anuj Tiwari Vs. Bala Ji International) under Section 138 Negotiable Instrument Act, Police Station Civil Lines, District Prayagraj, pending in the Court of N.I. Act-II, Allahabad, 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 case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2021. The case is pending for long but the opposite party no.2 is not appearing before the court despite orders of the court to issue punitive processes against the opposite party no.2. Almost 4 years have been passed but the case has not been decided as yet. Therefore, prayer has been made to decide the aforesaid case expeditiously within a stipulated period. 4. I have considered the submissions and perused the record. 5. From the perusal of the record it appears that the trial court is making all efforts to procure the present of opposite party no.2. Non-bailable warrant and process u/s 82 Cr.P.C. have been ordered to be issued and letter to Superintendent of Police, Saharanpur was also sent. 6. Learned counsel for the applicant submitted that both the orders to send punitive processes to the applicant have been passed by the learned rial court but as a matter of fact, none of the process was returned to the court and that is why this case is pending and lingering on. 7. The present case is pending for appearance of O.P. 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 opposite party under its name. 8.
In the circumstances, the Court concerned is directed to ensure that the order passed by the court to ascertain the presence of the opposite party no.2 / the accused are being complied with by the office and also give directions to the concerned police officials for the service of the aforesaid process and to send the compliance report to the court as well. The court concerned is further directed to make all endeavours for the expeditious disposal of the case, as described above, if there is no legal impediment. 9. 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. 10. With the above observations, the application stands disposed of. Order Date :- 23.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad