Sanjay Srivastava Vs State of U.P. Thru. Prin. Secy. Home… — Cheque Dishonour | Allahabad HC (2025)

Sanjay Srivastava Vs State of U.P. Thru. Prin. Secy. Home… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Provision enabling the applicant to move an application before the concerned court for expeditious disposal before the next date fixed (07.07.2025); the concerned court to consider it on that date or within two weeks thereafter per the statutory provisions and the law laid down by the Supreme Court.

Issue for consideration

Whether the High Court should direct disposal within a short, stipulated period of the applicant's complaint case under Section 138 NI Act, pending since 03.09.2019 despite Section 143's day-to-day/six-month scheme.

Court's answer

As per the law laid down by the Supreme Court, constitutional courts should not fix a time frame unless inevitable; the concerned court has to ensure statutory provisions are complied with, and any ground for expeditious disposal should be brought to the notice of the concerned court, which may consider it and proceed in accordance with law.

Ratio / Principle

Without entering into merits, the application is disposed of providing that the applicant may move an application before the concerned court for expeditious disposal before the next date fixed (stated to be 07.07.2025); in case such an application is moved, the concerned court shall consider it on the said date or within two weeks thereafter, in view of the statutory provisions and the law laid down by the Supreme Court, and proceed accordingly.

Detailed headnote1 paragraphs

Application u/s 483 No. 498 of 2025, High Court of Judicature at Allahabad (Lucknow Bench), by Sanjay Srivastava seeking a direction for disposal of his complaint under Section 138 of the Negotiable Instruments Act, 1881 (filed 03.09.2019, pending due to adjournments sought by respondent no.2) within a stipulated period: disposed of by Rajnish Kumar, J. on 1.7.2025 without entering into merits and without fixing a time frame, on the footing that constitutional courts should not fix time frames unless inevitable and the concerned court must ensure statutory compliance (S.143 day-to-day proceedings, six-month endeavour). The applicant was permitted to move the trial court for expeditious disposal before the next date fixed (07.07.2025), such application to be considered within two weeks thereof in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:36819

Court No. - 12

Case :- APPLICATION U/S 483 No. - 498 of 2025

Applicant :- Sanjay Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Prem Narayan Tiwari,Shyamendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard, Shri Prem Narayan Tiwari, learned counsel for the applicant and learned A.G.A.

Learned counsel for the applicant submits that the applicant filed a complaint case under Section 138 of the Negotiable Instruments Act, 1881, on 03.09.2019 but till date the same has not been disposed of on account of repeated adjournment being sought by the respondent no.2, whereas as per Section 143 of the Act, the proceedings are to be undertaken on day-to-day basis and the court has to make an endeavour to conclude the trial within six months from the date of filing of the complaint. Thus, he prays for a direction for the disposal of the complaint case within a short, stipulated period. Learned A.G.A. has no objection to the same.

Considering the nature of the order proposed to be passed, the issuance of notice to the respondent no.2 is dispensed with.

In view of above, without entering into the merit of the case and as per the law laid down by Hon'ble Supreme Court that constitutional courts should not fix a time frame unless inevitable, whereas the concerned court has to ensure that statutory provisions are complied with and if there is any ground for expeditious disposal of the case, it may be brought to the notice of the concerned court, who may consider it and proceed in accordance with law, the application is disposed of providing that the applicant may move an application before the concerned court for expeditious disposal before the next date fixed, which is said to be 07.07.2025. In case any such application is moved, the concerned court shall consider it in view of the observations made here-in-above and the law laid down by the Hon'ble Supreme Court and the statutory provisions in accordance with law on the said date or within two weeks thereafter and shall proceed accordingly.

...................................................................(Rajnish Kumar, J.)

Order Date :- 1.7.2025 Haseen U.

Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench