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2025 DAILYLAW 45676 (ALL)

SUMITRA DEVI v. STATE OF U.P. AND ANOTHER

NA529/960/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83662 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 960 of 2025 Applicant :- Sumitra Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta 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 Court, Varanasi to conclude and decide the trial of Complaint Case No.418 of 2021, Sumitra Devi Vs. Pooja Baranwal, under Section 138 of Negotiable Instrument Act, P.S. Cantt, District Varanasi, 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 the opposite party no.2 has appeared, but however after recording the examination-in-chief of PW-1, he is not cooperating in the trial proceeding and the matter is pending for the cross-examination of PW-1 for long. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the copies of the order-sheet appended with the affidavit that earlier an opportunity of the accused/opposite party no.2 to cross-examine PW-1 was closed and subsequently the said order was recalled on 20.11.2024, but since then accused/ opposite party no.2 is not participating in the proceedings for cross- examination of PW-1. 7. In these circumstances and keeping in view that the matter pertains to the year 2021, it is expected from the trial court to conclude the cross-examination of PW-1 within a period of one month from the date of production of certified copy of this court before it and thereafter make all endeavours to decide the said case, expeditiously, preferably within next five months, if there is no legal impediment. 8. 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