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2025 DAILYLAW 56156 (ALL)

MR. CHETAN KAK v. STATE OF U.P. AND 4 OTHERS

NA529/1439/2025 · 2025-05-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81343 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1439 of 2025 Applicant :- Mr. Chetan Kak Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ankit Saran,Rohan Gupta Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 529 BNSS has been filed with a prayer to direct the Additional Chief Judicial Magistrate, Gautam Budh Nagar to decide the Case No. 104 of 2023, P.S. Sector 20 NOIDA, Gautam Budh Nagar, under Section 138 of Negotiable Instrument Act, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the aforesaid case was filed in the year 2023. It is also submitted that some mediation proceeding started between the parties but it failed and the matter is pending at the stage of evidence of PW- 1/applicant. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid case was filed in the year 2023. It also appears that the matter is pending at the stage of evidence of PW-1/applicant. Hence, after considering the entire facts and circumstance of the case, the trial court is directed to make all possible efforts to dispose of the case under reference as expeditiously as possible, preferably within the period provided under the Statute itself, if there is no other 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 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. 6. With these observations, the application is finally disposed of. Order Date :- 16.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad