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2025 DAILYLAW 58336 (ALL)

SMT. SUMAN GUPTA v. STATE OF U.P. AND ANOTHER

NA529/1536/2025 · 2025-06-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101716 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1536 of 2025 Applicant :- Smt. Suman Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Agni Pal Singh,Pratima Singh 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 Case No.120252 of 2021 (Smt. Suman Gupta Vs. Rajesh Kumar Trivedi) under Section 138 Negotiable Instrument Act, Police Station Pheelkhana, District Kanpur Nagar pending in the Court of Addl. Civil Judge (J.D.)-I, 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 case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2021. After taking cognizance in the matter the court concerned summoned the opposite party no.2 vide order dated 5.3.2022. Accused is not cooperating with the court and adopting delaying tactics and only dates are being fixed in the matter. Learned trial court is also not taking proper interest in the matter. 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 make all possible endeavours and effective steps to ensure the appearance of the accused person before the court and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid case preferably within a period of six months, 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 :- 1.7.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad