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Neutral Citation No. - 2025:AHC:79378 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1338 of 2025 Applicant :- Sonpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Tiwari,Durga Prasad 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.267 of 2020 (Sonpal Singh Vs. Shoeb Akhtar) under Section 138 Negotiable Instrument Act, Police Station Hathras Junction, District Hathras, pending in the Court of Judicial Magistrate, Hathras, 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 and summoning order was passed on 5.8.2020 against the accused / opposite no.2. It is also submitted that after many efforts made by the trial court ultimately the accused appeared but since then the case is pending without recording the statement of the accused himself. The accused is adopting delaying tactics and not cooperating with the trial of the case. The court is also not taking interest in deciding the trial of the case. 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 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