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

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

What the court decided

AI extract

Outcome

Application disposed of with directions to the Court concerned to procure the accused's presence by appropriate process within two months of production of the certified copy of the order, thereafter to pursue expeditious disposal if no legal impediment, and binding all stake holders (police, executive authorities, counsels, parties, staff) to assist the Court.

Issue for consideration

Whether the Court concerned (Additional Chief Judicial Magistrate-II, Jhansi) should be directed to procure the presence of the accused and expedite disposal of Complaint Case No. 719 of 2016 (Section 138 NI Act).

Court's answer

The Court concerned was directed to take all possible measures, including sending appropriate process, to procure the presence of the accused / opposite party no. 2 within two months from the date of production of the certified copy of this order before it.

Ratio / Principle

Thereafter all endeavours were directed to be made by the Court concerned for expeditious disposal of the case, if there is no legal impediment, as the matter is very old.

Key takeaways

Besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties to the case, staff etc.) were made bound by the order and made responsible to assist the Court in every manner for expeditious disposal of the case.ratio¶6

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J.; Neutral Citation 2025:AHC:62613; Order dated 24.4.2025) - Application u/s 529 BNSS No. 194 of 2025 by Meharban Singh seeking expedition of Complaint Case No. 719 of 2016 (Section 138, Negotiable Instruments Act), P.S.- Navabad, District- Jhansi, pending before Additional Chief Judicial Magistrate-II, Court No.2, Jhansi, stalled at the stage of appearance of the accused despite issuance of several punitive processes. Court heard counsel and the A.G.A., perused the record, and disposed of the application by directing the Court concerned to take all possible measures, including sending appropriate process, to procure the presence of the accused / opposite party no. 2 within two months from production of the certified copy of the order; thereafter all endeavours to be made for expeditious disposal if there is no legal impediment, the matter being very old. Besides the Presiding Officer, all stake holders i.e. police and executive authorities, counsels, parties, staff etc. were made bound by the order to assist the Court in every manner for expeditious disposal.

Neutral Citation No. - 2025:AHC:62613

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 194 of 2025

Applicant :- Meharban Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Srivastava 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. 719 of 2016, under Section 138 Negotiable Instruments Act, P.S.- Navabad, District- Jhansi pending in the Court of learned Additional Chief Judicial Magistrate-II, Court No.2, Jhansi 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 the matter is pending at the stage of appearance of the accused. It is further submitted that several punitive process has been issued against the accused but he did not appear before the Court so far. 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.

In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him 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, as the matter is very old.

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 :- 24.4.2025 Fhd

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