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

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

What the court decided

AI extract

Outcome

Direction to the Court concerned (Civil Judge (J.D.) FTC c/u 14th F.C./J.M., Jhansi) to make all endeavours for expeditious disposal of Complaint Case No. 11088 of 2022 within six months from the date of production of a certified copy of the order, if there is no legal impediment; no unnecessary adjournments to be sought or granted; all stakeholders (police, executive authorities, counsels, parties, staff) bound to assist the Court.

Issue for consideration

Whether the High Court should direct the court concerned to decide Complaint Case No. 11088 of 2022 (Anjum Bano Vs. Shareef Bax), under Section 138 Negotiable Instrument Act, pending before the Civil Judge (J.D.) FTC c/u 14th F.C./J.M., Jhansi, expeditiously within a stipulated period.

Ratio / Principle

Keeping in view the long pendency of the case and the scheme and purpose of the Negotiable Instrument Act, the Court found it a fit case for issuance of a direction to the trial court for expeditious disposal of the case.

Key takeaways

The Court concerned was directed to make all endeavours for expeditious disposal of Complaint Case No. 11088 of 2022 within six months from the date of production of a certified copy of the order before it, if there is no legal impediment.ratio¶12
It was further directed that no unnecessary adjournment will be sought or granted in the case.ratio¶13
Besides the Presiding Officer, all stakeholders in the trial - police and executive authorities, counsels, parties to the case and staff - were made bound by the order to assist the Court in every manner for expeditious disposal of the case.

Detailed headnote1 paragraphs

Application under Section 483 Cr.P.C. (APPLICATION U/S 483 No. 2306 of 2024, Neutral Citation 2025:AHC:4946) filed by the complainant, a lady aged about 63 years, seeking a direction for expeditious disposal of Complaint Case No. 11088 of 2022 (Anjum Bano Vs. Shareef Bax) under Section 138 Negotiable Instrument Act, pending since 17.05.2022 before the Civil Judge (J.D.) FTC c/u 14th F.C./J.M., Jhansi, where the trial was delayed at the evidence stage owing to non-cooperation of the accused. Held, having regard to the long pendency and the scheme and purpose of the Negotiable Instrument Act, this was a fit case for issuance of a direction: the Court concerned was directed to make all endeavours for expeditious disposal within six months from production of a certified copy of the order, if there is no legal impediment; no unnecessary adjournment was to be sought or granted; and, besides the Presiding Officer, all stakeholders (police and executive authorities, counsels, parties and staff) were made bound by the order to assist the Court. Application disposed of (Nalin Kumar Srivastava, J.; order dated 9.1.2025).

Neutral Citation No. - 2025:AHC:4946

Court No. - 82

Case :- APPLICATION U/S 483 No. - 2306 of 2024

Applicant :- Anjum Bano Opposite Party :- State of U.P. and Another Counsel for Applicant :- Richa Tripathi,Shishir Kumar Dwivedi,Shruti Dwivedi 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. 11088 of 2022 (Anjum Bano Vs. Shareef Bax), under Section 138 Negotiable Instrument Act, Police Station Kotwali, District Jhansi, pending in the Court of Civil Judge (J.D.) FTC c/u 14th F.C./J.M., Jhansi, 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 the applicant-complainant is a lady aged about 63 years and she has filed the present complaint case on 17.05.2022. Subsequently accused appeared before the court and he was granted bail. The case is lingering on at the stage of evidence but due to non cooperation of the accused recording of evidence is not possible and trial is delayed.

Per contra, learned A.G.A. opposed the prayer.

I have considered the submissions and perused the entire record.

In these circumstances and keeping in view the long pendency of the case and also taking into account the scheme and purpose of Negotiable Instrument Act, I find it a fit case for issuance of a direction to the trial court for the expeditious disposal of the case in hand.

Accordingly, the Court concerned is directed to make all endeavours for expeditious disposal of the aforesaid case within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further

directed that no unnecessary adjournment will be sought/granted.

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 :- 9.1.2025 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad