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Neutral Citation No. - 2025:AHC:119400 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1920 of 2025 Applicant :- Aniruddh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Dubey 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. 228 of 2022, under Section 138 Negotiable Instruments Act, P.S.- Chandwak, District- Jaunpur pending in the Court of learned Judicial Magistrate First, Court No. 17, Jaunpur 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 complainant in the aforesaid case. It is further submitted 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 trial is pending at the stage of evidence and only dates are being fixed. The Court concerned is not taking proper interest to decide the said case. 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 record.
5. It appears from perusal of the record that statement of accused has already been recorded in this case on 11.12.2024 and since then the matter is pending at the stage of evidence of the complainant himself but instead of producing his evidence before the Court, he has knocked at the door of this Court seeking relief for expeditious disposal of the case in a time bound manner. This conduct of the applicant is highly deprecated by this Court. This type of cases are filed only to increase the pendency of this Court and the applicant deserves to be penalized for the same.
6. The application stands disposed of with an exemplary cost of
Rs.10,000/- which shall be deposited in favour of the High Court Legal Services Authority positively within a fortnight failing which the adverse action shall follow. Order Date :- 22.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad