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2025 DAILYLAW 65537 (ALL)

ARVIND KUMAR TIWARI v. STATE OF U.P. AND ANOTHER

NA529/2265/2025 · 2025-07-17

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116824 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2265 of 2025 Applicant :- Arvind Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tripathi 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. 11133 of 2023, under Section 138 Negotiable Instrument Act, Police Station Sahjanwa, District Gorakhpur, pending in the Court of Civil Judge (SD)/FTC, Gorakhpur 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 summoning order in the matter was passed and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. It is also submitted that the Court concerned is not taking proper interest to decide the said case and only dates are being fixed in the matter. Applicant in this case has suffered monetary loss. The accused is not cooperating with the Court concerned. 4. I have considered the submissions and perused the entire record. 5. 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 and the applicant cooperates with the Court concerned. 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 :- 18.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad