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Neutral Citation No. - 2025:AHC:79361 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1339 of 2025 Applicant :- Shariq Rasul Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sharique Ahmed 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 Case No.11366 of 2020 (Shariq Rasul Vs. M/s. Earthcon Constructions Pvt. Ltd. and others) under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Kanpur Nagar, pending in the Court of Special N.I. Act Court, Kanpur 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 and summoning order was passed on 23.2.2021 against the accused persons / opposite nos.2 to 5. The accused persons are 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. It is a very old case pending at the state of recording the statement of the accused persons under section 313 Cr.P.C. 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