Disposed¶10

Monish Hasan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC22 Aug 2025A483/658/2025

Case brief

AI extract

What is this about?

Expeditious-trial direction under S.483 application; S.138 N.I. Act complaint (Case No. 42843/2024, Monish Hasan v. Mohammad Taiyab, P.S. Hazratganj, Lucknow) pending ~1 year before Additional Court No. 2, Lucknow; S.143 NI Act six-month endeavour provision invoked; reliance on Maneka Gandhi (1978) 1 SCC 248, Hussainara Khatoon (1980) 1 SCC 81, Kadra Pahadiya (1981) 3 SCC 671 on expeditious disposal; application disposed of with direction to trial court to decide expeditiously; Allahabad High Court Lucknow Bench; Saurabh Lavania, J.; order dated 22.8.2025.

What did the court decide?

Direction to the court concerned (Additional Court No. 2, Lucknow) to consider and decide Complaint Case No. 42843/2024 (Monish Hasan v. Mohammad Taiyab) expeditiously. ¶10

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

What the court decided

AI extract

Outcome

Direction to the court concerned (Additional Court No. 2, Lucknow) to consider and decide Complaint Case No. 42843/2024 (Monish Hasan v. Mohammad Taiyab) expeditiously.

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Issue for consideration

Whether the trial court (Additional Court No. 2, Lucknow) should be directed to expeditiously complete the trial of Complaint Case No. 42843/2024 (Monish Hasan v. Mohammad Taiyab) under S.190(1)(a) r/w S.138 N.I. Act, pending since about one year, in compliance with S.143(3) of the Negotiable Instruments Act.

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Court's answer

Considering the complaint case pending since 2024, the S.143 NI Act requirement of expeditious conclusion with an endeavour to conclude the trial within six months from filing, and the Apex Court observations on expeditious disposal in Maneka Gandhi, Hussainara Khatoon and Kadra Pahadiya, the present application is disposed of with a direction to the court concerned to consider and decide the complaint case in issue expeditiously.

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Ratio / Principle

As per Section 143 of the Negotiable Instruments Act, 1881, proceedings instituted under Section 138 of the Act of 1881 shall be concluded expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the case.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 11 — Application U/S 483 No. 658 of 2025 (Monish Hasan v. State of U.P. Thru. Prin. Secy. Home Lko. And Another) — decided 22.08.2025 by Hon'ble Saurabh Lavania, J. The applicant sought an order/direction to Additional Court No. 2, Lucknow for expeditious completion of the trial of Complaint Case No. 42843/2024 (Monish Hasan v. Mohammad Taiyab) under S.190(1)(a) r/w S.138 N.I. Act (P.S. Hazratganj, District Lucknow), pending about one year, while complying with S.143(3) of the Negotiable Instruments Act. The Court noted that under S.143 of the Negotiable Instruments Act, 1881, proceedings under S.138 must be concluded expeditiously with an endeavour to conclude the trial within six months from filing, took note of the Apex Court's observations on expeditious disposal in Maneka Gandhi (1978) 1 SCC 248, Hussainara Khatoon (1980) 1 SCC 81 and Kadra Pahadiya (1981) 3 SCC 671, and disposed of the application with a direction to the court concerned to consider and decide the complaint case in issue expeditiously.

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Neutral Citation No. - 2025:AHC-LKO:49375

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Court No. - 11

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Case :- APPLICATION U/S 483 No. - 658 of 2025

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Applicant :- Monish Hasan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mahmood Alam,Akil Imam,Mayank Dwivedi,Shifali Rajput,Syed Saad Anwar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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The instant application has been preferred for the following main relief(s):-

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"i. Issue an order or direction to the Hon'ble Court of Additional Court No. 2, Lucknow for expeditiously completing the trial of the preferred Case No. 42843/2024; Monish Hasan Versus Mohammad Taiyab, under section 190(1)(a) read with section 138 N.I. Act, relating to Police Station Hazratganj, District Lucknow on day-to-day basis which is pending for adjudication since about last 1 year in the Hon'ble Court of Additional Court No. 2, Lucknow whose copy of the plaint is accordingly annexed herewith as Annexure No.1 to this Application.

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ii. Issue an order or direction to the Hon'ble Court of Additional Court No. 2, Lucknow for expeditiously completing the trial of the preferred Case No. 42843/2024; Monish Hasan Versus Mohammad Taiyab, under section 190(1)(a) read with section 138 N.I. Act, relating to Police Station Hazratganj, District Lucknow, while positively complying the statutory proviso conferred under section 143(3) of the Negotiable Instrument Act."

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Considering the facts and circumstances of the case as also that the complaint case in issue is pending consideration since 2024 before the trial court concerned and as per Section 143 of the Negotiable Instruments Act, 1881, the proceedings instituted under Section 138 of the Act of 1881 shall be concluded expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the case and also taking note of observations made by the Hon'ble Apex Court in the case(s) of Maneka Gandhi Versus Union of India and Another, (1978) 1 SCC 248; Hussainara Khatoon Versus Home Secretary, State of Bihar, (1980) 1 SCC 81 and Kadra Pahadiya and Others Versus State of Bihar, (1981) 3 SCC 671 , regarding expeditious disposal of cases, the present application is disposed of with a direction to the court concerned to consider and decide the complaint case in issue, expeditiously.

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With the aforesaid, the instant application is disposed of .

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Order Date :- 22.8.2025 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Monish Hasan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Monish Hasan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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