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

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

What the court decided

AI extract

Outcome

Directions issued to the learned trial court to procure the presence of the accused-opposite party no. 2 for framing of charge within two months from production of certified copy of the order, and thereafter to make all endeavours for expeditious disposal of Complaint Case No. 88 of 2023 (Old No. 6307 of 2022) if there is no legal impediment; all stakeholders additionally bound to assist the Court.

Issue for consideration

Whether the learned Civil Judge (Junior Division)/Judicial Magistrate, Rasra, District Ballia should be directed to decide the pending Complaint Case No. 88 of 2023 under Section 138 Negotiable Instruments Act expeditiously within a stipulated period.

Court's answer

The learned trial court is directed to procure the presence of the accused-opposite party no. 2 for framing of charge within a period of two months from the date of production of certified copy of this order.

Ratio / Principle

After framing of charge, the learned trial court is further directed to make all endeavours for expeditious disposal of the Complaint Case No. 88 of 2023 (Old No. 6307 of 2022), provided there is no legal impediment.

Key takeaways

Besides the Presiding Officer, all stakeholders (police and execution authorities, advocates, parties to the case, staff) are made bound by this order to assist the Court in every manner for the expeditious disposal of the case.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 82); Application U/S 483 No. 2544 of 2024; decided 7.2.2025 by Hon'ble Nalin Kumar Srivastava, J. Applicant sought a direction to the Civil Judge (Junior Division)/Judicial Magistrate, Rasra, District Ballia to decide Complaint Case No. 88 of 2023 (Old No. 6307 of 2022) (Arun Kumar Yadav Vs. Santosh Verma), under Section 138 Negotiable Instruments Act, expeditiously; complaint pending since 2022, summoning order passed March 2024, non-bailable warrant issued vide order dated 19.11.2024 as the accused did not appear. Court directed the trial court to procure the accused's presence for framing of charge within two months from production of certified copy of the order and thereafter to make all endeavours for expeditious disposal if there is no legal impediment; police, execution authorities, advocates, parties and staff declared bound by the order to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:18110

Court No. - 82

Case :- APPLICATION U/S 483 No. - 2544 of 2024

Applicant :- Arun Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Singh 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 learned Civil Judge (Junior Division)/Judicial Magistrate, Rasra, District Ballia to decide the Complaint Case No. 88 of 2023 (Old No. 6307 of 2022) (Arun Kumar Yadav Vs. Santosh Verma), under Section 138 Negotiable Instruments Act, Police Station Rasra, District Ballia, 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 it is a complaint case pending since the year 2022 and summoning order was passed in the month of March, 2024. The accused-opposite party no. 2 is being summoned regularly but he did not appear in the court and non-bailable warrant was issued against him vide order dated 19.11.2024.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

In the facts and circumstances of the case, the learned trial court is directed to procure the presence of the accused-opposite party no. 2 for framing of charge within a period of two months from the date of production of certified copy of this order and subsequently after framing of charge, the learned trial court is also directed to make all the endeavours for expeditious disposal of the Complaint Case No. 88 of 2023 (Old No. 6307 of 2022) (Arun Kumar Yadav Vs. Santosh Verma), under Section 138 Negotiable Instruments Act, Police Station Rasra, District Ballia, 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 execution authorities, advocates, 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 :- 7.2.2025 Rmk.

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