Neutral Citation No. - 2025:AHC:74796 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1273 of 2025 Applicant :- Raja Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 374 of 2023, under Section 138 Negotiable Instrument Act, pending in the Court of Additional Civil Judge (SD)/1st / Additional Chief Judicial Magistrate, Gorakhpur, expeditiously without stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the aforesaid complaint case was filed in the year 2023. It is further submitted that a discharge application was moved by the opposite party no.2 which was decided on 31.1.2025 and since then the case is pending for recording the statement of accused. The opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid complaint case was filed in the year 2023 and the accused / opposite party no.2 is not cooperating with the progress of the case and is adopting delaying tactics. It also reveals that statement of accused has not been recorded whereas he had already appeared before the Court. 7. In the circumstances, the Court concerned is directed to record the statement of accused / opposite party no.2, if not recorded so far, within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case as per the mandate of the Act itself, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 8.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad