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

Rajveer 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 trial court to secure the accused's appearance within two months of production of certified copy of the order, to proceed on the date fixed without normally granting adjournment or exemption to the accused, and to make all endeavours for expeditious disposal if there is no legal impediment; police, executive authorities, counsels, parties and staff bound to assist the Court.

Issue for consideration

Whether the court concerned should be directed to decide Complaint Case No.87886 of 2023 (Rajveer Singh v. Vijay Pal) under Section 138 NI Act, pending before Addl. Chief Judicial Magistrate, Court No.2, Mathura, expeditiously within a stipulated period, given the accused's continued non-appearance despite process and bailable warrant.

Court's answer

The Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court within a period of two months from the date of production of certified copy of this order.

Ratio / Principle

On the date fixed by the trial court the accused shall appear before the Court and no adjournment or exemption for appearance will normally be granted to him on any ground whatsoever; thereafter all endeavours shall be made by the court concerned for expeditious disposal of the complaint case if there is no legal impediment.

Key takeaways

Besides the Presiding Officer, all stake holders i.e. police and executive authorities, counsels, parties to the case and staff are made bound by this order and it is their responsibility to assist the Court in every manner for the expeditious disposal of the case.ratio¶12
The court has ample power under the law to pass suitable and effective orders to ensure compliance of its own order and to ensure service of the process sent to the opposite party in its name.obiter¶9

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; order dated 24.2.2025; Neutral Citation 2025:AHC:26682). Application under Section 529 BNSS (No. 199 of 2025) by complainant Rajveer Singh seeking expeditious disposal, within a stipulated period, of Complaint Case No.87886 of 2023 (Rajveer Singh v. Vijay Pal) under Section 138 NI Act pending before Addl. Chief Judicial Magistrate, Court No.2, Mathura. Summoning order had been passed on 23.4.2024 against the accused/opposite party no.2, who was not appearing despite process and a bailable warrant issued by the trial court. Directions issued: (i) the court concerned to make all possible endeavours and effective steps to ensure the accused's appearance within two months from production of certified copy of the order; (ii) the accused to appear on the date fixed, with no adjournment or exemption for appearance normally to be granted on any ground whatsoever, followed by expeditious disposal if there is no legal impediment; (iii) besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties, staff) made bound by the order to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:26682

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 199 of 2025

Applicant :- Rajveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Uttam,Shahid Karim Siddiqui Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.87886 of 2023 (Rajveer Singh Vs. Vijay Pal) under Section 138 Negotiable Instrument Act, Police Station Sadar Bazar, District Mathura pending in the Court of Addl. Chief Judicial Magistrate, Court No.2, Mathura, expeditiously within a stipulated period.

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

It has been submitted by the learned counsel for the applicant that the said case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2023. Summoning order was passed on 23.4.2024 against the accused / opposite party no.2 and since then the matter is pending for the appearance of the accused. Accused is not cooperating with the court and only dates are being fixed for appearance and the case has not been decided as yet. Bailable warrant has also been issued against the accused by the trial court. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period.

The present case is pending for appearance of the opposite party / accused but he is not appearing despite process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name.

In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court within a period of two months from the date of production of certified copy of this order. It is also

directed that on the date fixed by the trial court the accused shall appear before the Court and no adjournment or exemption for appearance will normally be granted to him on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the complaint case, as described above, 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 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 :- 24.2.2025 ss

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad