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2025 DAILYLAW 57565 (ALL)

RASHTRADEEP JAIN v. STATE OF U.P. AND ANOTHER

NA529/1373/2025 · 2025-05-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84597 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1373 of 2025 Applicant :- Rashtradeep Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarthak Verma Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed on behalf of the applicant for issuing a direction to the Additional Chief Judicial Magistrate, Shikohabad, District- Firozabad, to decide/expedite the entire proceedings of Complaint Case No. 3233 of 2017 (Rashtradeep Jain Versus Deepesh Kumar) under Section 138 Negotiable Instruments Act,1881 Police Station- Tundla, District- Firozabad. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. The applicant before this Court is the complainant in the aforesaid case and a prayer has been made for the expeditious disposal of the case. 4. Learned counsel for the applicant submitted before this Court that the matter under Section 138 N.I. Act is pending since the year 2017. The complainant has exhausted his evidence and now the matter is pending at the stage of evidence of opposite party no. 2 and at the same time for the disposal of application under Section 143-A of the N.I. Act, moved by the applicant, but the trial court is not taking any proper interest for the disposal of the said case. 5. Learned AGA opposed the prayer. 6. I have considered the submissions and perused the record. 7. In these circumstances, the Trial Court is directed to decide the application under Section 143-A N.I. Act within a period of one month from the date of receiving certified copy of this order and then proceed to decide the trial on merit within the time stipulated in the N.I. Act itself. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 20.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad