M/S A.K.S ENTERPRISES v. STATE OF U.P. AND 4 OTHERS
NA529/1370/2025 · 2025-05-19
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52835 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52835 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84309 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1370 of 2025 Applicant :- M/S A.K.S Enterprises Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Imran,Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed on behalf of the applicant to issue direction to the court of Presiding Officer, Special Court 138 N.I. Act, Gautam Budh Nagar, to dispose of the Complaint no. 89/2023 M/s A.K.S. Enterprises Vs. M/s Bhavya Tank Infra Project, Pvt. Ltd and others under section 138 N.I. Act, Police Station Ecotech-III, Gautam Budh Nagar,
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. The applicant before this Court is the complainant in the aforesaid case and a prayer has been made for the expeditious disposal of the same. 4. It is submitted by learned counsel for the applicant that opposite party nos. 3, 4 and 5 are not cooperating with the trial court and a false ground was taken by them that the parties are entering into compromise in this case whereas now the case is pending at the stage of recording the statement of opposite party nos. 3, 4 and 5 under Section 313 Cr.P.C. but they are deliberately avoiding the proceedings of this case. 5. Learned AGA opposed the prayer. 6. In these facts and circumstances, of the case and also keeping in mind that it is a mature case learned trial court is directed to record the statement of opposite party nos. 3, 4 and 5 under Section 313 Cr.P.C., within two months from today, and thereafter all the efforts shall be made for the expeditious disposal of this case keeping in view of the mandate provided by the act itself. It is further directed that no unnecessary adjournment will be sought/granted. 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 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad