R.M. SALES OFFICE THROUGH ITS PROPRIETOR RAMESH MOHAN CHAURASIYA v. STATE OF U.P. AND ANOTHER
NA529/1340/2025 · 2025-05-11
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50511 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50511 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79272 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1340 of 2025 Applicant :- R.M. Sales Office Through Its Proprietor Ramesh Mohan Chaurasiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saif Ali Khan Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Case No.27081 of 2023 (R.S. Sales through Avanish Kumar Gupta Vs. Sachin Jain proprietor of Paras Coal and Coak Sales India) under Section 138 Negotiable Instrument Act, Police Station Civil Lines, District Moradabad, pending in the Court of Additional Judge, N.I. Act, Moradabad, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act and summoning order was passed on 4.5.2024 against the accused / opposite no.2. The accused is adopting delaying tactics and not cooperating with the trial of the case. The court is also not taking interest in deciding the trial of the case. Therefore, prayer has been made to decide the aforesaid case expeditiously within a stipulated period.
4. Since in the matters under section 138 of the Negotiable Instrument Act there is specific provision under the Act itself to decide such cases within a stipulated period of time, the trial court is expected to comply with the mandatory provisions of the Act itself and make all endeavours to finally decide the case under reference within the stipulated period of time provided under the Act itself, if there is no legal impediment.
5. With the above observations, the application stands disposed of. Order Date :- 12.5.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad