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

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

What the court decided

AI extract

Outcome

Application disposed of with operative directions: the trial court is not to liberally allow exemption applications of opposite party no.2; it must take all possible measures to procure the accused's presence and record his statement preferably within two months of production of the certified copy of this order, and thereafter endeavour for expeditious disposal absent legal impediment; police, executive authorities, counsels, parties and staff are bound to assist the Court.

Issue for consideration

Whether the court concerned should be directed to expedite proceedings of Complaint Case No. 587 of 2023 under Section 138 Negotiable Instruments Act pending before the learned Judicial Magistrate IV, Allahabad, within a stipulated period. +1 more

Court's answer

The Court concerned is directed to take all possible measures to procure the presence of the accused/opposite party no.2 and record his statement preferably within two months from the date of production of the certified copy of this order before it, and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.

Ratio / Principle

The trial Court is directed not to be so liberal in allowing the exemption application moved by the opposite party no.2, because his appearance is necessary for recording his statement.

Key takeaways

The Court/Presiding Officer is not the only stake holder in trial and disposal of a case; besides the P.O., all stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are made bound by this order to assist the Court in every manner for expeditious disposal.obiter¶13

Detailed headnote1 paragraphs

APPLICATION U/S 529 BNSS (expedition of trial): Filed by applicant Sukhvir Singh to expedite Complaint Case No. 587 of 2023 under Section 138, Negotiable Instruments Act pending before Judicial Magistrate IV, Allahabad, where the summoning order had been passed but the accused, though appearing, persistently filed exemption applications obstructing recording of evidence. Directing that the trial court not be so liberal in allowing such exemptions since the accused's appearance is necessary for recording his statement, the Hon'ble Court ordered all possible measures to procure the presence of opposite party no.2 and record his statement preferably within two months of production of the certified copy of the order, followed by all endeavours for expeditious disposal absent legal impediment. All stake holders - Presiding Officer, police and executive authorities, counsels, parties and staff - were declared bound to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:70149

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 1039 of 2025

Applicant :- Sukhvir Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swapnil Sinha Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to expedite the proceedings of Complaint Case No. 587 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Cantt., District- Allahabad pending in the Court of learned Judicial Magistrate IV, Allahabad 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 summoning order in the matter was passed and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The trial is pending at the stage of appearance and only dates are being fixed. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case.

I have considered the submissions and perused the entire record.

From perusal of the record it appears that the accused has already appeared before the Court but only exemption applications are being given by him and that is causing hindrance in recording the evidence.

In the circumstances, the trial Court is directed not to be so liberal to allow the exemption application moved by the opposite party no.2 because his appearance is necessary for recording his statement. The Court concerned is further directed to take all possible measures to procure the presence of the accused / opposite party no. 2 and record his statement preferably within two

months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, 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 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 :- 2.5.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad