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

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

What the court decided

AI extract

Outcome

Application disposed of with directions to the trial court to secure the appearance of the accused within two months of production of a certified copy of the order, to grant no adjournment or exemption for appearance normally on any ground, and to expedite disposal of the complaint case if there is no legal impediment; all stakeholders (police, executive authorities, counsels, parties, staff) directed to assist the Court.

Issue for consideration

Whether the trial court should be directed to decide Complaint Case No. 15001 of 2022 (S.138 NI Act), pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate (N.I. Act), Ghazipur, expeditiously within a stipulated period.

Court's answer

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

Ratio / Principle

On the date fixed by the trial court the accused persons shall appear, and no adjournment or exemption for appearance will normally be granted on any ground whatsoever; thereafter the court shall make all endeavours for expeditious disposal of the complaint case if there is no legal impediment.

Key takeaways

Besides the Presiding Officer, all stakeholders — police and executive authorities, counsels, parties to the case, staff etc. — are bound by the order and responsible to assist the Court in every manner for expeditious disposal of the case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 483 Cr.P.C. by the complainant seeking expedition of Complaint Case No. 15001 of 2022 under Section 138 of the Negotiable Instruments Act, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate (N.I. Act), Ghazipur, where the accused, summoned by order dated 3.10.2022, was allegedly absent and delaying trial for almost three years, causing monetary loss to the applicant. The Court directed the trial court to make all possible endeavours and effective steps to ensure the appearance of the accused persons within two months from production of a certified copy of the order; directed that on dates fixed the accused shall appear and no adjournment or exemption for appearance will normally be granted on any ground whatsoever; and made clear that, besides the Presiding Officer, all stakeholders — police and executive authorities, counsels, parties and staff — are bound by the order to assist the Court for expeditious disposal, subject to there being no legal impediment.

Neutral Citation No. - 2025:AHC:25054

Court No. - 82

Case :- APPLICATION U/S 483 No. - 220 of 2025

Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Sinha 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 expidite the Complaint Case No. 15001 of 2022, under Section 138 Negotiable Instruments Act, pending in the Court of learned Additional Civil Judge (Junior Division)/ Judicial Magistrate (N.I. Act), Ghazipur, expeditiously within a stipulated period.

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

It is submitted by the learned counsel for the applicant that summoning order in the matter was passed on 3.10.2022 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act but the accused is not cooperating with the trial Court and remains absent causing delay in the disposal of that case. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. Almost 3 years have been passed and it has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.

I have considered the submissions and perused the entire record.

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

case, as described above, 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 etc. 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 :- 20.2.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad