M/S SAARTHAK VANIJYA INDIA (P) LTD v. STATE OF U.P. AND 2 OTHERS
NA529/1240/2025 · 2025-05-13
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53125 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53125 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86365 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1240 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 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No.1615 of 2018 (Saarthak Vs. Global) under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Varanasi, pending in the Court of Additional 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 matter was pending for the cross-examination of P.W.1 but since the accused persons / opposite parties no.2 & 3 are not appearing before the court, the matter is lingering on unnecessarily. Some punitive process has also been issued against the accused persons and still they are absconding. The informant is running before the court on each and every date. Case is pending before the court and it has not been decided on account of delaying tactics adopted by the accused. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. The present case is pending for appearance of O.P. Nos.2 & 3 but they are not appearing despite several process sent to them. 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. 5.
In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps in accordance with law to ensure the appearance of the accused / opposite party nos.2 & 3 before the court and thereafter all endeavours shall be made by the court concerned for disposal of the aforesaid complaint case within a period of six months from the date of production of certified copy of the order of this Court, if there is no legal impediment. 6. With the above observations, the application stands disposed of. Order Date :- 14.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad