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Neutral Citation No. - 2025:AHC:76437 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1276 of 2025 Applicant :- Durga Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor 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.185763 of 2022 (Durga Yadav Vs. Rohit Kumar Singh Rathore) under Section 138 Negotiable Instrument Act, Police Station Chetganj, District Varanasi pending in the Court of Addl. Civil Judge (J.D.), Court No.II, Varanasi, 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 case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2022. From the perusal of the order-sheet, it appears that the examination-in-chief of the applicant has been recorded and now the case is at the stage of cross-examination of P.W.1 for long. Only dates are being fixed in the matter and no effective order has been passed in the matter. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.
4. In the circumstances, the Court concerned is directed to complete the evidence of P.W.1 as early as possible and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid complaint case, preferably within a period of one year, if there is no legal impediment.
5. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff 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.
6. With the above observations, the application stands disposed of. Order Date :- 8.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad