HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4644 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 a prayer to allow this application and direct the learned Additional Chief Judicial Magistrate Court No.5 to decide the Complaint Case No.1368 of 2023 (Nischhal Agrahari versus Smt. Sarita Prajapati) under section 138 Negotiable Instruments Act, Police Station Kydganj, District Prayagraj pending before Additional Chief Judicial Magistrate Court No.5, Prayagraj expeditiously within stipulated period. It is submitted by learned counsel for the applicant that a complaint filed under Section 138 N.I. Act, that is pending before the learned trial court from 2023 and has not been decided till now, therefore, request to direct the learned trial court to proceed with the case and decide it finally within stipulated time period. Learned A.G.A. opposed the prayer as aforesaid. 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 summoning order was passed by the learned trial court on 10.09.2024 and thereafter process was issued for appearance of the accused and till now the accused has not appeared before the learned court, therefore, proceedings could not be decided till now. In the circumstances of the case, it is expedient to direct the learned trial court to make its endeavour to proceed with the case expeditiously by adopting appropriate procedure prescribed under the law to ensure presence of the accused without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. Versus Counsel for Applicant(s) : Dheeraj Kumar Dubey Counsel for Opposite Party(s) : G.A. Nischhal Agrahari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Accordingly, this application u/s 529 B.N.S.S. is disposed of. September 29, 2026 Suraj Srivastav NA529 No. 4644 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad