Anand Kumar Maurya Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Anand Kumar Maurya 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 through appropriate process within two months of production of certified copy, to expedite disposal preferably within a further two months, and binding all stake holders to assist the Court.

Issue for consideration

Whether the proceedings of Case No. 163 of 2020, pending under Section 138 NI Act in the Court of Judicial Magistrate-I, Jaunpur, can be directed to be decided expeditiously within a stipulated period. +1 more

Court's answer

Thereafter, all endeavours shall be made by the Court concerned for expeditious disposal of the case preferably within a period of two months, keeping in view the heavy work load in the said Court.

Ratio / Principle

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.

Key takeaways

Besides the Presiding Officer, all other stake holders — police and executive authorities, counsels, parties to the case, staff etc. — are made bound by this order and it is their responsibility also to assist the Court in every manner for expeditious disposal of this case.ratio¶¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J., order dated 3.7.2025): Application under Section 529 BNSS (No. 1997 of 2025) filed by informant Anand Kumar Maurya seeking expeditious disposal of pending Case No. 163 of 2020 under Section 138 Negotiable Instruments Act, P.S. Saraikhwaja, District Jaunpur, pending in the Court of Judicial Magistrate-I, Jaunpur. Recording of evidence stood exhausted with the trial at the final-argument stage, but the accused (opposite party no. 2) was continuously absent, not cooperating, and a non-bailable warrant had been issued against him. Directions issued: (i) the Court concerned to take all possible measures, including appropriate process, to procure the accused's presence within two months from production of the certified copy of the order; (ii) thereafter to make all endeavours for expeditious disposal preferably within a further two months, mindful of the Court's heavy work load; and (iii) besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties, staff) bound by the order to assist in every manner for expeditious disposal. With these observations the application stands disposed of.

Neutral Citation No. - 2025:AHC:103671

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 1997 of 2025

Applicant :- Anand Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ikshwaku 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 decide the proceedings of Case No. 163 of 2020, under Section 138 Negotiable Instruments Act, P.S.- Saraikhwaja, DistrictJaunpur pending in the Court of learned Judicial Magistrate-I, Jaunpur 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 applicant is the informant in the aforesaid case. It is further submitted that in the instant case the proceeding of recording the evidence have been exhausted and now the matter is pending at the stage of final argument but the opposite party no.2/ accused is not cooperating with the trial at this stage and non-bailable warrant has been issued against him looking into the continuous absence before the Court. 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 preferably within a period of two months, keeping in view the heavy work load in the said Court.

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 :- 3.7.2025 Fhd

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