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2025 DAILYLAW 54564 (ALL)

APAR SINGH v. STATE OF U.P. AND ANOTHER

NA529/1324/2025 · 2025-05-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79620 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1324 of 2025 Applicant :- Apar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tiwari,Sanjay Kumar Upadhyay,Tripuresh Kumar Tripathi 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.2155 of 2017 (Apar Singh Vs. Manoj Gautam and others) under Section 138 Negotiable Instrument Act, Police Station Surajpur, District Gautam Budh Nagar, pending in the Court of Addl. Court No.1, Gautam Budh Nagar, 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 2017 and summoning order was passed on 5.6.2018 against the accused / opposite no.2. It is also submitted that since the accused is not cooperating with the trial court, the case is pending without any effective proceedings. 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