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Neutral Citation No. - 2025:AHC:107643 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1623 of 2025 Applicant :- Vimal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Tandon 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. 170 of 2014, under Section 138 Negotiable Instruments Act, pending in the Court of learned Special Metropolitan Magistrate-II, 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 complainant in the aforesaid case. It is further submitted that the matter is pending at the stage of final argument. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss.
4. I have considered the submissions and perused the entire record.
5. It appears that the opposite party no.2 is not cooperating with the trial Court. It is pertinent to mention here that a direction was earlier issued by this Court to finally dispose of the matter within four months but it is still pending despite the order of this Court, which is very objectionable.
6. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case preferable within three months from today, if there is no legal impediment.
7. 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.
8. With the above observations, the application stands disposed of. Order Date :- 8.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad