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2025 DAILYLAW 47475 (ALL)

RAMESH CHAND v. STATE OF U.P. AND ANOTHER

NA529/1074/2025 · 2025-05-04

Nalin Kumar Srivastava

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:71141 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1074 of 2025 Applicant :- Ramesh Chand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vineet Kumar Yadav 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 Criminal Appeal No. 94 of 2024 in Case No. 5355 of 2019 under Section 138 Negotiable Instruments Act, P.S.- Raya, District- Mathura pending in the Court of learned District and Sessions Judge, Mathura 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 filed the complaint against the opposite party no.2 whereby the learned trial Court has passed the order in favour of the applicant/ colmplainant against which the opposite party no.2 has filed the criminal appeal, which is still pending and the Court concerned is not taking proper interest to decide the said appeal. 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 finally decide the aforesaid appeal without granting unnecessary adjournment to either of the parties preferably within six months from today by making its power to procure the presence of the appellant/ opposite party no.2 and pass any suitable order for proper 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 :- 5.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad