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Neutral Citation No. - 2025:AHC:71295 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1076 of 2025 Applicant :- Smt. Poonam Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punya Sheel Pandey 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 conclude the trial in Complaint Case No.676 of 2024, under Section 138 Negotiable Instruments Act, Police Station Trans Yamuna, District- Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.3,Agra 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 this is a complaint case under Section 138 N.I. Act which is kept pending since 2024. It is further submitted that the applicant is the complainant in the aforesaid case. The matter is pending for cross-examination of P.W.1/ applicant but the opposite party no.2 is not cooperating, hence it has been submitted that in the interest of justice a direction should be issued to the trial Court to expedite the proceedings of the aforesaid complaint case.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the Court concerned is directed to complete the cross- examination of the applicant/ complainant preferably within two months and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within a period of six months, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
6. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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