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Neutral Citation No. - 2025:AHC:81781 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1251 of 2025 Applicant :- Awdhesh Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singh,Indrajeet Singh,Pavan Kumar Mishra,Rajendra Kumar 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.3811 of 2020 (Awdhesh Kumar Pandey Vs. Vikas Singh) under Section 138 Negotiable Instrument Act, Police Station Naini, District Prayagraj, pending in the Court of N.I. Act-II, Allahabad, 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. The case is pending for long at the stage of passing the
order by the trial court on the point of summoning the accused / opposite party no.2, but only dates are being fixed and no summoning order has been passed so far. 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 to pass an order on the point of summoning within a period of one month from the date of receiving the certified copy of this order before it and if the accused is summoned, the trial court shall 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 :- 14.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad