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Neutral Citation No. - 2025:AHC:83605 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 958 of 2025 Applicant :- Vinod Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hashim Khan,Manvendra Kumar 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 learned Additional Chief Judicial Magistrate, Court No.19, Deoria to expedite the hearing of Case No.18417 of 2023 (Vinod Kumar Versus Abhimanyu Singh), under Section 138 of Negotiable Instrument Act, P.S. Kotwali, District Deoria, within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A.
3. It is submitted that the applicant before this Court is the complainant. It is further submitted that after long efforts of the trial court ultimately the accused/ opposite party no.2 appeared before the court but no statement of accused has been recorded so far and only dates are being fixed by the trial court.
4. I have considered the submissions and perused the record.
5. From the perusal of the record, it appears that the statement of accused has already been recorded on 19.03.2025 and the matter is fixed for the evidence of the complainant. Needless to say that evidence may be adduced by the applicant/ complainant himself but it is very strange that instead of adducing evidence, the applicant/ complainant unnecessarily knocked the door of this Court, which is not a good practice. Hence, there is no justification to issue direction to the Court concerned for expeditious disposal of the said case. The application is liable to be rejected and the same is accordingly rejected. Order Date :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad