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2025 DAILYLAW 44423 (ALL)

SUSHIL KUMAR PANDEY v. STATE OF U.P. AND ANOTHER

NA529/956/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83263 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 956 of 2025 Applicant :- Sushil Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Verma,Neeraj Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS, 2023 has been moved by the applicant/ complainant with a prayer to direct the trial court (learned Additional Chief Judicial Magistrate, Court No.6, Allahabad) to decide the Complaint Case No.3997 of 2012 (Sushil Kumar Pandey Vs. Raj Kumar Singh), under Section 138 Negotiable Instrument Act, Police Station Sarai Mamrej, District Prayagraj, expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted that opposite party no.2 earlier appeared before the court and after recording the statement of accused, the trial court proceeded to record the evidence of the complainant/ applicant. However, cross- examination was not conducted by opposite party no.2 and since 2018, the matter is pending at the stage of cross-examination of the complainant himself and it is still pending at the same stage and opposite party no.2 also disappeared during that period. 4. I have considered the submissions and perused the record. 5. Although, the court of Additional Chief Judicial Magistrate, Court No.6, Allahabad is over burdened with thousands of cases, but in the peculiar circumstances of this case, which is pending under 138 N.I. Act and pertains to the year 2012, and it falls in the category of 'critically old cases', the learned trial court is expected to dispose of the aforesaid case within a period of six months from today, provided the applicant cooperates with the trial court. 6. With the above observations, the application stands disposed of. Order Date :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad