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2025 DAILYLAW 6551 (ALL)

KAMAL KUMAR PROPRIETOR M.K. ELECTRONICS v. STATE OF U.P. AND ANOTHER

A483/41/2025 · 2025-01-31

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14404 Court No. - 82 Case :- APPLICATION U/S 483 No. - 41 of 2025 Applicant :- Kamal Kumar Proprietor M.K. Electronics Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 483 Cr.P.C. has been filed with a prayer to direct the Additional Judge, N.I.Act, Varanasi to decide the Complaint Case No. 79 of 2018, under Section 138 of Negotiable Instrument Act read with Section 149 N.I. Act, Police Station Shivpur, District Varanasi expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the aforesaid complaint case was filed in 2018 and the summoning order was passed against the opposite party no.2 on 24.8.2018. It is also submitted that the matter is pending at the stage of evidence of PW-1. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. It is further submitted that the opposite party no.2 is also applying delaying tactics in disposal of the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid complaint case was filed in the year 2018 and the summoning order was passed against the opposite party no.2 on 24.8.2018. It also appears that the matter is pending at the stage of evidence of PW-1. It also reveals from the perusal of the order sheets that the opposite party no.2 has a tendency to abscond from the proceeding of the Court. In the circumstances, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the attendance of the PW-1 before the Court and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties preferably within a period of six months from the date of production of certified copy of this order before it, if there is no other legal impediment. 5. 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. 6. With these observations, the application is finally disposed of. Order Date :- 31.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad