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2025 DAILYLAW 53113 (ALL)

M/S SAARTHAK VANIJYA INDIA P LTD v. STATE OF U.P. AND 2 OTHERS

NA529/1296/2025 · 2025-05-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86899 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1296 of 2025 Applicant :- M/S Saarthak Vanijya India P Ltd Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arjit Gupta,Manish Gupta,Naveen Chandra Gupta 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 Complaint Case No.1596 of 2018 (Sarthak Vs. Global) under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Varanasi, pending in the Court of Addl. Chief Judicial Magistrate, Court No.10, Varanasi, 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 in the year 2018. It is also submitted that although the opposite parties no.2 & 3 / accused persons have appeared before the court but subsequently they became absent and now they are absconding. The matter is pending for recording the statement of the accused persons and thereafter for other formal proceeding. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. It appears from the perusal of the order-sheet that after many efforts made by the court, the accused persons / opposite parties no.2 & 3 anyhow appeared before the court but subsequently they fled away. The court is passing the orders to send punitive process against them. 5. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name. 6. 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 possible endeavours and effective steps to ensure the appearance of the accused persons before the court within a period two months from today and thereafter 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. 7. With the above observations, the application stands disposed of. Order Date :- 15.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad