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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4725 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 Chief Judicial Magistrate, Court No. 6, Ghazipur to decide the Case No. 59610 of 2024 (Varun Singh Vs Manish Chaturvedi) u/s 138 of Negotiable Instruments. Act. at P.S. Mardah, Ghazipur pending in the Court of Judicial Magistrate Court No. 6, Ghazipur, to conclude the trial expeditiously within some stipulated period. It is submitted by learned counsel for the applicant that he is complainant and filed a complaint under Section 138 N.I. Act on 17.12.2024 and summoning order was passed on 11.03.2025. Since then the case is still pending before the learned trial court and till now it has not been 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 after summoning order passed by the learned trial court the opposite party/accused appeared before the learned court and evidence of P.W. 1 has also been recorded on 23.12.2025 and further dates have been fixed for cross-examination. It shows that no any laxity or reluctance on the part of learned trial court though under Section Versus Counsel for Applicant(s) : Ajay Kumar Singh Counsel for Opposite Party(s) : G.A. Varun Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
143(3) of aforesaid Act the case is expected to be concluded within a period of six months from the date of filing of complaint but in view of pendency of large number of cases before the learned trial court it cannot be directed to decide the case within a stipulated period of time unless there are exceptional circumstances those are lacking in the present case.
In the circumstances of the case, it is expedient to direct the learned trial court to make its endeavour to proceed with the case and decide it as expeditiously as possible in accordance with law without granting any unnecessary or long adjournments to either of the parties in accordance with law, if there is no other legal impediment. Accordingly, this application u/s 529 B.N.S.S. is disposed of. September 23, 2026 Suraj Srivastav NA529 No. 4725 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad