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2025 DAILYLAW 44937 (ALL)

SATISH CHANDRA SHARMA v. STATE OF U.P. AND ANOTHER

NA529/983/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73426 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 983 of 2025 Applicant :- Satish Chandra Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvni Mishra,Gaurav 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 decide the proceedings of Case No. 3408 of 2014, under Section 138 Negotiable Instruments Act, P.S.- Quarsi, District- Aligarh, pending in the Court of learned Chief Judicial Magistrate, Aligarh 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 27.10.2014 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. Several punitive process have been issued by the trial Court but the opposite party no.2 is absconding. The trial is pending at the stage of appearance 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 take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him within two months 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 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 :- 7.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad