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Neutral Citation No. - 2025:AHC:79604 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1327 of 2025 Applicant :- Guddi Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Tiwari 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.20068 of 2024 (Guddi Devi Vs. Amit Singh) under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Ghazipur, pending in the Court of Addl. Civil Judge (S.D.), Ghazipur, 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 2024. It is also submitted that the accused is not cooperating with the court and only dates are being fixed for appearance. The case has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint 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 possible endeavours and effective steps to ensure the appearance of the accused before the court within a period two months from the date of production of certified copy of this order 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.
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