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Neutral Citation No. - 2025:AHC:102315 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1627 of 2025 Applicant :- Ashish Kumar Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niraj Kumar Sharma 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 Complaint Case No.1114 of 2023 (Ashish Kumar Pathak Vs. Virendra Bahadur Yadav) under Section 138 Negotiable Instrument Act, Police Station Gaura Badshahpur, District Jaunpur pending in the Court of Judicial Magistrate-I, Jaunpur 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 complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in the year 2023. The case is pending at the stage of appearance of the accused / opposite party no.2 since 30.1.2024 but he did not appear before the court so far. He is not cooperating with the court and only dates are being fixed for appearance. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.
4. The present case is pending for appearance of the accused but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name.
5. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused / opposite party no.2 before the court within a period of three months from the date of production of certified copy of the order of this Court and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid complaint case, if there is no legal impediment.
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