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

Sriyansh Jaiswal 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 record the evidence of the accused/opposite party no.2 as early as possible, make all endeavours for expeditious disposal within the statutory period (absent legal impediment), refrain from granting unnecessary adjournments, and with all stake holders (police, execution authorities, advocates, parties, staff) made bound to assist the Court.

Issue for consideration

Whether the High Court should direct the court concerned to decide Complaint Case No. 3186 of 2019 (Section 138 Negotiable Instrument Act), pending since 2019 before A.C.J.M. Court No.10, Allahabad, expeditiously, in view of the alleged delaying tactics of the accused/opposite party no.2.

Court's answer

The Court concerned is directed to record the evidence of the accused/opposite party no.2 as early as possible and thereafter make all endeavours for expeditious disposal of the case within the period provided under the Statute itself, if there is no legal impediment.

Ratio / Principle

It is further directed that no unnecessary adjournment will be sought/granted in the complaint case.

Key takeaways

Besides the Presiding Officer, all stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are made bound by the order to assist the Court in every manner for expeditious disposal of the case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 529 BNSS seeking expeditious disposal of Complaint Case No. 3186 of 2019 under Section 138 Negotiable Instrument Act, pending since 2019 before A.C.J.M. Court No.10, Allahabad. On perusal of the order sheets the Court found the accused/opposite party no.2 was not cooperating and was adopting delaying tactics. The trial court was directed to record the accused's evidence as early as possible, make all endeavours for expeditious disposal within the statutory period if there is no legal impediment, and not grant unnecessary adjournments. Police, execution authorities, advocates, parties and staff were also made bound by the order to assist the Court in every manner for expeditious disposal.

Neutral Citation No. - 2025:AHC:109832

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 2114 of 2025

Applicant :- Sriyansh Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Kesari 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 Complaint Case No. 3186 of 2019, under Section 138 Negotiable Instrument Act, Police Station Kydganj, District Prayagraj pending in the Court of A.C.J.M. Court No.10, Allahabad, expeditiously without 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 aforesaid complaint case was filed in the year 2019 and the summoning order was passed on 31.1.2020. The case is pending for recording the evidence of accused. The opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that the aforesaid complaint case was filed in the year 2019 and the accused / opposite party no.2 is not cooperating with the progress of the case and is adopting delaying tactics. In the circumstances, the Court concerned is directed to record the evidence of accused / opposite party no.2 as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case within the period provided under the Statute itself, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.

It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 10.7.2025 safi

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