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2026 DAILYLAW 11046 (ALL)

POONAM DEVI v. STATE OF U.P. AND ANOTHER

NA529/4820/2026 · 2026-09-29

Subhash Chandra Sharma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4820 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. The present application u/s 529 B.N.S.S. has been filed with prayer to direct the learned court of Civil Judge (Junior Division)/F.T.C.-Second/Judicial Magistrate, Chandauli, to conclude the trial of Complaint Case No.17710 of 2023 (Poonam Devi Vs. Arjun Singh), under Section-138 of the Negotiable Instruments Act, Police Station Balua, District Chandauli, pending before him within stipulated period of time. It is submitted by learned counsel for the applicant that in this case he is informant and case u/s 138 N.I. Act is pending before the learned trial court from the year 2023 and has not been decided till now on account non- cooperation on the part of the accused. Further submitted that learned trial court has also taken lenient view in this regard, therefore, request to direct the learned trial court to decide the case within stipulated time period. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the order sheet, it appears that the accused/opposite party is not appearing before the learned trial court that is the reason N.B.W. has also been issued against him. In view of the huge pendency of the case before the learned trial court, it cannot be directed to decide the case within stipulated time unless there is exceptional circumstances which is lacking in the present case. However, it is expedient to direct the learned trial court to make its endeavour to proceed with the case expeditiously preferably within a period of one year from the date of production of certified copy of this Versus Counsel for Applicant(s) : Neeraj Kumar Srivastava, Pankaj Kumar Counsel for Opposite Party(s) : G.A. Poonam Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) order by adopting procedure prescribed under the law, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. Accordingly, this application is disposed of. September 30, 2026 Ashok Gupta NA529 No. 4820 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad