Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119243 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1983 of 2025 Applicant :- Prakhar Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 of BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 25363 of 2021, under Section 138 Negotiable Instrument Act, pending in the Court of Civil Judge (SD)-I, Gorakhpur, expeditiously without 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 summoning order in the matter was passed and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The case is at the stage of defence evidence. The Court concerned is not taking proper interest in disposal of the said case. The accused / opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the order sheets that the case is pending since 2021 and is at the stage of recording the defence evidence. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case preferably within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further
directed that no unnecessary adjournment will be sought/granted.
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 :- 22.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad