Shubham Tyagi Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Shubham Tyagi Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Expedition directions issued: trial court to secure accused's appearance within two months of receiving certified copy of the order; accused to appear on every date fixed with no adjournment or exemption for appearance normally granted; complaint case to be disposed of expeditiously within four months unless a legal impediment exists; court, police/executive authorities, counsels, parties and staff declared responsible to assist expeditious disposal.

Issue for consideration

Whether the Court concerned should be directed to ensure the appearance of the accused and to decide Complaint Case No. 1194 of 2022 (S. 138 NI Act) expeditiously within stipulated periods. +1 more

Court's answer

The Court concerned was directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court within two months from the date of production of certified copy of this order.

Ratio / Principle

On the date fixed by the trial court the accused person shall appear before the Court, and no adjournment or exemption for appearance will normally be granted to any of the accused on any ground whatsoever.

Key takeaways

All endeavours were directed to be made by the court concerned for expeditious disposal of the complaint case within four months, subject to there being no legal impediment.ratio¶10
Besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties, staff) were declared bound by this order and made responsible to assist the Court for expeditious disposal of the case.ratio¶11

Detailed headnote1 paragraphs

Allahabad HC, Court No. 82 — Application U/S 483 No. 1923 of 2024, adjudged by Nalin Kumar Srivastava, J. (Order dated 21.1.2025; Neutral Citation 2025:AHC:13339). Applicant-complainant sought expedition of Complaint Case No. 1194 of 2022 (Shubham Tyagi v. Lalit Kumar), pending under Section 138 NI Act before the ACJM, Khurja, Bulandshahar; although a summoning order was passed on 27.3.2024, the trial had stalled at the appearance stage owing to the accused's non-appearance and delaying tactics. The High Court directed the court concerned to make all endeavours to secure the accused's appearance within two months of production of certified copy of the order; directed that the accused appear on every date fixed and that no adjournment or exemption for appearance be normally granted on any ground; and directed expeditious disposal of the complaint within four months absent legal impediment. Beyond the Presiding Officer, police and executive authorities, counsels, parties and staff were declared bound to assist expeditious disposal. The application stands disposed of.

Neutral Citation No. - 2025:AHC:13339

Court No. - 82

Case :- APPLICATION U/S 483 No. - 1923 of 2024

Applicant :- Shubham Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Parihar,Vikas Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.1194 of 2022 (Shubham Tyagi Vs. Lalit Kumar) under Section 138 Negotiable Instrument Act, Police Station Khurja Nagar, District Bulandshahar pending in the Court of Additional Chief Judicial Magistrate, Khurja, Bulandshahar within a stipulated period.

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

It has been submitted by the learned counsel for the applicant that the said complaint case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2022. The case is running at the stage of appearance of the accused since long whereas the summoning order was passed on 27.3.2024 against the accused / opposite no.2. Applicant before this court is the complainant and he is running to the court regularly but for non-appearance of the accused, no effective proceedings are being taken place. On account of delaying tactics adopted by the accused, the case has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.

In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court within a period of two months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court the accused person shall appear before the Court and no adjournment or exemption for appearance will normally be granted to any of the accused on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of

the aforesaid complaint case within four months, if there is no legal impediment.

It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of.

Order Date :- 21.1.2025

ss

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad