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Neutral Citation No. - 2025:AHC:103479 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2002 of 2025 Applicant :- Dheeraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh 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. 323 of 2021 (New Case No. 392 of 2025), under Section 138 Negotiable Instruments Act, P.S.- Kishni, District- Mainpuri pending in the Court of learned Additional Civil Judge Court No. 7/ Judicial Magistrate, Mainpuri 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 informant in the aforesaid case. It is further submitted that the evidence has already been adduced by the applicant but the accused person/ opposite party no.2 is not cooperating with the trial Court and has been absconded. It is further submitted that some punitive process has been issued against him by the trial Court. 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 entire record. 5. In the circumstances, the Court concerned is directed to take all possible measures to procure 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
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 :- 3.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad