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Neutral Citation No. - 2025:AHC:86725 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1571 of 2025 Applicant :- Mahendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Kumar Srivastava,Prakhar Srivastava 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 proceedings of Complaint Case No. 59462 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Kalyanpur, District- Kanpur pending in the Court of learned Metropolitan Magistrate VIIth, 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 is submitted by the learned counsel for the applicant that the applicant is the informant in the aforesaid case. It is further submitted that summoning
order in the matter was passed on 18.8.2023 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is further submitted that after many efforts made by the Court any how opposite party no.2 has appeared before the Court and examination-in-chief of the complainant was recorded but the matter is still pending for the cross- examination of P.W.1 because the opposite party no.2 is not cooperating with the trial. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case.
4. I have considered the submissions and perused the entire record.
5. In the circumstances, the Court concerned is expected to conclude the evidence of P.W.1 preferably within a period of one month from the date of production of certified copy of this order before it, and thereafter the trial shall be disposed of within the time limit mandated by the Act itself.
6. 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.
7. With the above observations, the application stands disposed of.
Order Date :- 22.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad