HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4838 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 court of Special Judicial Magistrate, Ghazipur to conclude the trial of Case no. 3480 of 2021 (Sandeep Yadav vs. Bharat Singh), under Section 138 N.I. Act, Police Station Kotwali Ghazipur, District Ghazipur within stipulated period. It is submitted by learned counsel for the applicant that he is complainant in complaint under Section 138 N.I. Act that is pending before the learned trial court from 12.04.2021. He further submits that the summoning order was passed by the learned court and the accused persons appeared before the learned court and were enlarged on bail and case was fixed for prosecution evidence under Section 244 Cr.P.C. but the accused became absent again and is not appearing before the learned court, as a result charge/statement of the accused could not be recorded before the learned court and except fixing the dates case is not being decided, 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 this complaint is pending before the Versus Counsel for Applicant(s) : Aman Kumar, Pandey Balkrishna Counsel for Opposite Party(s) : G.A. Sandeep Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned court from 12.04.2021 and has not been decided till now. The accused person also appeared before the learned court and was enlarged on bail. Thereafter, an application under Section 143A N.I. Act was moved on the part of complainant which was also decided by the learned court on 07.03.2025 against which criminal revision was filed and that was also decided. The order sheet also shows that original record is not available with the court of learned Magistrate but it is with the learned revisional court, therefore, the applicant himself is hereby directed to move an application in this regard before the learned revisional court to send back the original record to the learned concerned court or the concerned court may write a letter to the learned revisional court in this regard and then to proceed with the case as expeditiously as possible, in accordance with law, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. Accordingly, this application u/s 529 B.N.S.S. is disposed of. September 29, 2026 Suraj Srivastav NA529 No. 4838 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad