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Neutral Citation No. - 2025:AHC:72426 Court No. - 80 Case :- APPLICATION U/S 483 No. - 72 of 2025 Applicant :- Tanay Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava,Anukreeti Srivastava 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. 849 of 2019, under Section 138 Negotiable Instruments Act, P.S.- Lohamandi, District- Agra, pending in the Court of learned Additional Court No.2, Agra 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 although some part payments have been made by opposite party no.2 but he does not appear before the Court regularly and the trial Court was compelled to issue non-bailable warrant and notice to the sureties. 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 :- 6.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad