Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91527 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1668 of 2025 Applicant :- Chhannu Prasad Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Renu Pandey 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. 218280 of 2022 (New Complaint Case No. 609 of 2023), under Section 138 Negotiable Instruments Act, P.S.- Lanka, District- Varanasi pending in the Court of learned Presiding Officer, Additional Court, Varanasi 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 30.4.2023 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act, who ultemately appeared before the Court on 16.8.2024 but since then on each and every date exemption applications are being made by him causing delay in trial. 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 directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case within the stipulated period of time provided in the Act itself, if there is no legal impediment
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 :- 28.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad