Riyaz Ahmad Vs State of U.P. Thru. Its Prin. Secy. Deptt… — Cheque Dishonour | Allahabad HC (2025)

Riyaz Ahmad Vs State of U.P. Thru. Its Prin. Secy. Deptt… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the Additional Chief Judicial Magistrate, Room No.21, Sultanpur to decide Criminal Misc. Case No.1140/2023 (S.138 N.I. Act) expeditiously, i.e., within six months from the date of filing of the certified copy of the order, without unnecessary adjournments, subject to any legal impediment or stay order from a higher court; the application was disposed of finally with these observations.

Issue for consideration

Whether the trial court (Additional Chief Judicial Magistrate, Room No.21, Sultanpur) should be directed to expeditiously decide Criminal Misc. Case No.1140/2023 under Section 138 of N.I. Act within a stipulated period.

Court's answer

The trial court was directed to decide Criminal Misc. Case No.1140/2023 expeditiously, i.e., within six months from the date of filing of the certified copy of this order, without granting any unnecessary adjournments to either of the parties, unless there is some legal impediment or unless a higher court has passed an order staying the proceedings of the case.

Key takeaways

The observations made in this order are strictly confined to the disposal of this application and must not be construed as having any reflection on the ultimate merits of the underlying case.obiter¶10

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Order dated 31.1.2025 by Hon'ble Om Prakash Shukla, J.: Riyaz Ahmad filed Application U/S 483 No. 96 of 2025 under Section 483 Cr.P.C. seeking a direction to the Additional Chief Judicial Magistrate, Room No.21, Sultanpur to expeditiously decide Criminal Misc. Case No.1140/2023, under Section 138 of N.I. Act, Police Station Jamo, District Amethi. The learned A.G.A. for the State raised no objection and submitted that a positive direction be given, as merely keeping the case pending does not serve the purpose of litigation. Acting on the statements of both sides, the Court directed 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 there is some legal impediment or an order of a higher court staying the proceedings. The Court clarified that its observations were strictly confined to the disposal of the application and carried no reflection on the ultimate merits of the case. The application was disposed of finally. No precedent was cited; no quantum involved.

Neutral Citation No. - 2025:AHC-LKO:6788

Court No. - 30 Case :- APPLICATION U/S 483 No. - 96 of 2025 Applicant :- Riyaz Ahmad Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Shiv Shankar Singh,Vaibhav Tiwari 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, Room No.21, Sultanpur to expeditiously decide the Criminal Misc. Case No.1140/2023, under Section 138 of N.I. Act, Police Station Jamo, District Amethi.

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