Disposed¶13

Misbahul Hasan v. State of U.P. and Another

Allahabad HC2 Apr 2025A483/202/2025

Case brief

AI extract

What is this about?

Section 483 Cr.P.C.; expeditious disposal; speedy trial direction; Section 138 NI Act cheque complaint; Complaint Case No. 1093 of 2019; six-month timeline; no unnecessary adjournments; P.W.1 cross-examination stage; Addl. Civil Judge (S.D.)/Addl. Chief Judicial Magistrate Kannauj; P.S. Tirwa; stake holders bound to assist; 2025:AHC:47146; application disposed.

What did the court decide?

Application disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of Complaint Case No. 1093 of 2019 within six months from production of certified copy of the order, without unnecessary adjournments, provided there is no legal impediment; all stake holders directed to assist the Court. ¶13

Misbahul Hasan vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the court concerned to decide Complaint Case No. 1093 of 2019 (Misbahul Hasan vs. Shyama Devi and another) under Section 138 NI Act, pending since 2019, expeditiously within a stipulated period.

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Court's answer

The court concerned is directed to make all endeavours for expeditious disposal of the complaint case within six months from the date of production of certified copy of the order, without granting unnecessary adjournment to either party, provided there is no legal impediment.

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Ratio / Principle

Besides the Presiding Officer, all stake holders i.e. police and executive authorities, counsels, parties to the case and staff are bound by the order and responsible to assist the Court in every manner for expeditious disposal of the case.

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Key takeaways

Observation that cases under section 138 of the Negotiable Instruments Act are expected to be decided summarily, noted while directing expedition of the 2019 complaint case.obiter¶9

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 483 Cr.P.C. by the complainant seeking expeditious disposal of Complaint Case No. 1093 of 2019 (Misbahul Hasan vs. Shyama Devi and another) under Section 138 NI Act, pending since 2019 before the Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Kannauj, where examination-in-chief of P.W.1 stood recorded and the case was at the stage of his cross-examination. The trial court was directed to make all endeavours to decide the case within six months from production of a certified copy of the order, without granting unnecessary adjournments, provided there is no legal impediment; police, executive authorities, counsels, parties and staff were also made bound to assist the Court. The Court observed that Section 138 cases are expected to be decided summarily.

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Neutral Citation No. - 2025:AHC:47146

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Court No. - 80

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Case :- APPLICATION U/S 483 No. - 202 of 2025

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Applicant :- Misbahul Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shekhar Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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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.1093 of 2019 (Misbahul Hasan Vs. Shyama Devi and another) under Section 138 Negotiable Instrument Act, Police Station Tirwa, District Kannauj pending in the Court of Addl. Civil Judge (S.D.) / Addl. Chief Judicial Magistrate, Kannauj, expeditiously within a stipulated period.

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

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It has been submitted by the learned counsel for the applicant that the said case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2019.

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Perusal of the record shows that the case is pending at the stage of evidence. The complainant himself has to come in the witness box. He also appears to be little reluctant in producing the evidence. It appears from the perusal of the order-sheets that examination-in-chief of P.W.1 has been recorded and the case is pending at the stage of cross-examination of P.W.1. The case relates to the year 2019 whereas the cases under section 138 of the Negotiable Instrument Act are expected to be decided summarily.

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In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid complaint case within a period of six months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the party, provided there is no legal impediment.

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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

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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.

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With the above observations, the application stands disposed of.

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Order Date :- 2.4.2025

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

Misbahul Hasan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Misbahul Hasan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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