Swadesh @ Sudesh Kumar Gupta Vs State of U.P. Thru. Secy… — Cheque Dishonour | Allahabad HC (2025)

Swadesh @ Sudesh Kumar Gupta Vs State of U.P. Thru. Secy… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Expedition direction granted: the Additional Chief Judicial Magistrate-IV, Hardoi is to decide pending Case No.482 of 2014 / 15922 of 2023 (under Sections 138/142 of the Negotiable Instruments Act) within six months from filing of the certified copy of the order, without unnecessary adjournments, subject to legal impediment or a higher-court stay; the application itself stands disposed of finally.

Issue for consideration

Whether a direction should issue to the Additional Chief Judicial Magistrate-IV, Hardoi to expeditiously decide the pending Case No.482 of 2014 / 15922 of 2023 under Sections 138/142 of the Negotiable Instruments Act, within a stipulated period.

Court's answer

The trial court was directed to decide the pending case expeditiously, i.e., within six months, without granting any unnecessary adjournment to either of the parties, reckoned from the date of filing of the certified copy of the order, unless there is some legal impediment or any order passed by the higher court staying the proceedings of the case.

Key takeaways

It is clarified that the observations made in this order are strictly confined to the disposal of this application and must not be construed to have any reflection on the ultimate merits of the case.obiter¶10

Detailed headnote1 paragraphs

Section 483 Cr.P.C. application (APPLICATION U/S 483 No. 95 of 2025, Allahabad High Court, Lucknow Bench, Neutral Citation 2025:AHC-LKO:6685) filed by Swadesh @ Sudesh Kumar Gupta seeking expedition of trial in a cheque-dishonour matter under Sections 138/142 of the Negotiable Instruments Act (Case No.482 of 2014 / 15922 of 2023) pending before the Additional Chief Judicial Magistrate-IV, Hardoi. Om Prakash Shukla, J. heard counsel for the applicant and the A.G.A. (who raised no objection), and by order dated 31.1.2025 disposed of the application finally, directing the trial court to decide the case expeditiously, i.e., within six months from the date of filing of the certified copy of the order, without granting unnecessary adjournments to either party, unless a legal impediment or a higher-court stay intervenes; observations expressly confined to the disposal of the application without reflection on ultimate merits.

Neutral Citation No. - 2025:AHC-LKO:6685

Court No. - 30 Case :- APPLICATION U/S 483 No. - 95 of 2025 Applicant :- Swadesh @ Sudesh Kumar Gupta Opposite Party :- State Of U.P. Thru. Secy. Home Sachivalya Lko. And Another Counsel for Applicant :- Umesh Chandra Vishwakarma Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

This application under Section 483 Cr.P.C. has been filed by the applicant seeking a direction to the learned Additional Chief Judicial Magistrate-IV, Hardoi to expeditiously decide the pending Case No.482 of 2014 / 15922 of 2023, under Sections 138/142 of the Negotiable Instruments Act.

Learned counsel for the applicant submits that a positive direction be given to the trial court to decide the aforesaid case within a stipulated period.

Learned A.G.A. for the State has no objection on the prayer made by the learned counsel for the applicant and submits that a positive direction be given to the trial court to decide the case of the applicant, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation.

In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously i.e. within six months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.

With the aforesaid observation, the instant application is disposed of finally.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this application and must not be construed to have any reflection on the ultimate merits of the case.

( Om Prakash Shukla,J. )

Order Date :- 31.1.2025/Saurabh

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench