Prakhar Tripathi v. State of U.P. and Another

Allahabad HC21 Jul 2025NA529/1983/2025

Case brief

AI extract

What is this about?

S. 529 BNSS application; expedited/speedy disposal of S. 138 Negotiable Instrument Act complaint case; Complaint Case No. 25363 of 2021; Civil Judge (SD)-I Gorakhpur; six-month timeline from certified copy; bar on unnecessary adjournments; defence evidence stage; stakeholder cooperation (police, counsels, parties, staff); delaying tactics by accused; Neutral Citation 2025:AHC:119243.

What did the court decide?

Application disposed of with directions to the trial court to decide Complaint Case No. 25363 of 2021 expeditiously, preferably within six months from production of the certified copy of the order, subject to absence of legal impediment; no unnecessary adjournments to be sought or granted; all stakeholders ordered to assist the Court. ¶¶13

Prakhar Tripathi Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the trial court to decide the pending Complaint Case No. 25363 of 2021 (S. 138, Negotiable Instrument Act) before the Civil Judge (SD)-I, Gorakhpur expeditiously.

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Court's answer

The Court concerned is directed to make all endeavours for expeditious disposal of the case, preferably within six months from the date of production of the certified copy of this order before it, if there is no legal impediment.

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Ratio / Principle

It is further directed that no unnecessary adjournment will be sought or granted in the matter.

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Key takeaways

The Court/Presiding Officer is not the sole stakeholder in the trial and disposal of a case; besides the P.O., all stakeholders i.e. police and executive authorities, counsels, parties to the case and staff are likewise bound by this order and bear responsibility to assist the Court in every manner for its expeditious disposal.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; Order dated 22.7.2025; Neutral Citation 2025:AHC:119243) disposed of an application under Section 529 of BNSS (Case No. 1983 of 2025) filed by Prakhar Tripathi seeking expedited disposal of Complaint Case No. 25363 of 2021 under Section 138 of the Negotiable Instrument Act, pending since 2021 before the Civil Judge (SD)-I, Gorakhpur and presently at the stage of defence evidence. Perusing the order sheets, the Court directed the trial court to endeavour to dispose of the matter preferably within six months from production of the certified copy of the order, if there is no legal impediment, barred unnecessary adjournments, and declared that besides the Presiding Officer all stakeholders (police and executive authorities, counsels, parties and staff) are bound by the order to assist the Court in every manner.

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Neutral Citation No. - 2025:AHC:119243

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Court No. - 83

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Case :- APPLICATION U/S 529 BNSS No. - 1983 of 2025

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Applicant :- Prakhar Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 of BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 25363 of 2021, under Section 138 Negotiable Instrument Act, pending in the Court of Civil Judge (SD)-I, Gorakhpur, expeditiously without stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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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 case is at the stage of defence evidence. The Court concerned is not taking proper interest in disposal of the said case. The accused / opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case.

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I have considered the submissions and perused the entire record.

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It reveals from the perusal of the order sheets that the case is pending since 2021 and is at the stage of recording the defence evidence. In the circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the case preferably within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.

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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

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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.

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With the above observations, the application stands disposed of .

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Order Date :- 22.7.2025 safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Prakhar Tripathi v. State of U.P. and Another

Case brief

What is this about?

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Prakhar Tripathi v. State of U.P. and Another

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