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Neutral Citation No. - 2025:AHC:14253 Court No. - 82 Case :- APPLICATION U/S 483 No. - 39 of 2025 Applicant :- Nimesh Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.379 of 2024, under Section 138 Negotiable Instruments Act, Police Station - Anoopshahr, District-Bulandshahr pending in the Court of learned Additional Chief Judicial Magistrate, Anoopshahr 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 after filing of the said complaint case evidence was adduced by the applicant/ complainant before the trial Court, which was sufficient to pass a summoning order against opposite party no.2 but however only dates are being fixed in the Court and no order on the point of summoning of the accused/ opposite party no.2 as such has been passed by the Court, this creating a delay in the proceeding and disposal of the case under Negotiable Instruments Act.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. In the affidavit annexed with the application it has been mentioned by the applicant/ complainant that he has already adduced his evidence before the Court and now nothing has to be done by the Court except to pass an order on the point of summoning of the opposite party no.2.
7. In the circumstances, the Court concerned is directed to pass a suitable summoning order accordingly to law and further to
invoke the powers given to it under the CrPC to ensure the presence of the accused / opposite party no.2 by sending appropriate process to him within two months 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, if there is no legal impediment.
8. With the above observations, the application stands disposed of. Order Date :- 31.1.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad