Radhey Shyam Agarwal Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

Radhey Shyam Agarwal Vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the trial court to expedite the proceedings of Complaint Case No. 1171/2018 and to proceed without granting any unnecessary adjournment.

Issue for consideration

Whether the High Court should direct the Additional Chief Judicial Magistrate, Court No. 11, Lucknow to decide Complaint Case No. 1171/2018 (Section 138, Negotiable Instruments Act) expeditiously, in view of the pendency of the complainant's cross-examination despite repeated opportunities and adjournments granted at the respondents' instance.

Court's answer

No interference made out; the application under Section 482 Cr.P.C. is disposed of with a direction to the trial court to expedite the proceedings of Complaint Case No. 1171/2018 without granting any unnecessary adjournment.

Ratio / Principle

Finding of fact supporting the direction: the complainant's examination-in-chief was on affidavit dated 06.08.2022 and, despite repeated opportunities, the respondents have not cross-examined that witness.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Alok Mathur, J.; order dated 3.4.2025) in Application U/S 483 No. - 274 of 2025, Radhey Shyam Agarwal v. State of U.P. and Another. The applicant sought a direction to the Additional Chief Judicial Magistrate, Court No. 11, Lucknow to decide Complaint Case No. 1171/2018, instituted on 06.02.2018 under Section 138 of the Negotiable Instruments Act, P.S. Mahanagar, District Lucknow, expeditiously. The complainant's examination-in-chief had been given on affidavit on 06.08.2022, but cross-examination remained pending despite repeated opportunities and adjournments sought by the respondents, as reflected in the trial court's order dated 03.06.2023. Held: no interference was made out; the application under Section 482 Cr.P.C. was disposed of with a direction to the trial court to expedite the proceedings of Complaint Case No. 1171/2018 without granting any unnecessary adjournment. No precedent was discussed and no costs were indicated.

Court No. - 12 Case :- APPLICATION U/S 483 No. - 274 of 2025 Applicant :- Radhey Shyam Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shailendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri Shailendra Singh, learned counsel for applicant as well as learned A.G.A. for the State.

The applicant has sought a direction to the Additional Chief Judicial Magistrate, Court No. 11, Lucknow to decide the Complaint Case No. 1171/2018 instituted on 06.02.2018, under Section 138 of Negotiable Instruments Act, Police Station - Mahanagar, District Lucknow expeditiously.

It has been submitted that the statement of the complainant was recorded on 06.08.2022 and despite repeated date fixed in the said application, the said witness has not been crossexamined by the respondents and the matter is being routinely listed and adjournment without transacting any business. He submits that prayer for adjournment is made by the respondents which is accepted by the Court due to which the proceeding are remained pending.

I have heard learned counsel for the parties and perused the record from which it is noticed that examination in chief of the complainant was given on affidavit on 06.08.2022 and the matter is being listed for cross examination of the said witness. The said fact is also evident from the perusal of the order dated 03.06.2023 while despite repeated opportunities have been granted to the respondents but they have not cross examined the said witness

In light of the above, no interference is made out, the application under Section 482 Cr.P.C. is disposed of with a direction to trial court to expedite the proceedings of Complaint Case No. 1171/2018 with expedition without granting any unnecessary adjournment.

(Alok Mathur, J.)

Order Date :- 3.4.2025/Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench