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2025 DAILYLAW 54181 (ALL)

VINOD KUMAR MAURYA v. STATE OF U.P. AND ANOTHER

NA529/1249/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81797 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1249 of 2025 Applicant :- Vinod Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shaiwal Kumar 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.502 of 2023 (Vinod Kumar Maurya Vs. Tarkeshwar Nath) under Section 138 Negotiable Instrument Act, Police Station Line Bazar, District Jaunpur, pending in the Court of Chief Judicial Magistrate, Jaunpur, 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. It is also submitted that although opposite party no.2 has appeared before the court and and statement of the accused was recorded but no evidence has been adduced so far. However, from the perusal of the record it appears that on 8.2.2024 when the statement of accused was recorded, the matter was fixed for evidence but it is very surprising that no evidence has been adduced by the applicant so far. Although an application under section 143 N.I. Act was moved by him which is under consideration. 4. In these circumstances, the applicant is expected to appear before the trial court and make a request there for recording of his evidence and if he does so, the learned 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