Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84462 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1255 of 2025 Applicant :- Mukesh Kumar Opposite Party :- Smt Laxmi Devi Counsel for Applicant :- Manish Kumar Pathak,Sunil Kumar Pandey 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. 177 of 2021, under Section 138 Negotiable Instruments Act, P.S.- Tappal, District- Aligarh pending in the Court of learned Additional Court, 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 the applicant is the informant in the aforesaid case. It is further submitted that an order to return partial amount of money against the opposite party no.2 has been passed but however, no amount has been paid by opposite party no.2. It is further submitted that the recovery warrant was issued on 23.2.2024 but still the position is the same and no amount has been received by the applicant. 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. It appears from perusal of the order sheet dated 9.2.2024 that the evidence of P.W.1 was recorded and learned counsel for the applicant submits that now no evidence has to be adduced by him but it was not brought to the knowledge of the trial Court and that is why several dates have been fixed for rest evidence of the applicant.
6. However, in the facts and circumstances of the case, the trial Court is directed to proceed and the case should be further fixed
for the evidence of opposite party. The Court concerned is further
directed to make all endeavours for compliance of its own order issuing recovery warrant against the opposite party no.2 preferably within a period of three months from the date of production of certified copy of the order before it, if there is no legal impediment.
7. 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.
8. With the above observations, 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