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2025 DAILYLAW 45563 (ALL)

AJEET SINGH v. STATE OF U.P. AND ANOTHER

NA529/1135/2025 · 2025-05-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84522 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1135 of 2025 Applicant :- Ajeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra 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 Complaint Case No. 17421 of 2022, under Section 138 Negotiable Instruments Act, P.S.- Dhanghata, District- Sant Kabir Nagar, pending in the Court of learned Civil Judge (Senior Division)/ A.C.J.M, Sant Kabir Nagar 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 the applicant is the informant in the aforesaid case. It is further submitted that summoning order in the matter was passed on 26.9.2022 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The trial is pending at the stage of evidence 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. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the record that the matter is fixed for evidence which has to be adduced by the applicant himself being the complainant of this matter. Since no evidence is being produced by the applicant himself after 24.7.2023, the matter is pending due to the default and negligence of the applicant himself. 7. In these circumstances, there is no justification to pass any order for expeditious disposal of the case to the trial Court. 8. In view of the above, the application stands disposed of. Order Date :- 20.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad