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

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

What the court decided

AI extract

Outcome

Trial court directed to procure the presence of the accused / opposite party no. 2 by appropriate process within two months of production of the certified copy, and thereafter to expedite disposal of Complaint Case No. 3847 of 2021 (New No. 853 of 2023) preferably within four months; police, executive authorities, counsels, parties and staff declared bound to assist the Court.

Issue for consideration

Whether the court concerned should be directed to decide the proceedings of Complaint Case No. 3847 of 2021 (New No. 853 of 2023) under Section 138 Negotiable Instruments Act expeditiously within a stipulated period.

Court's answer

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 the certified copy of this order before it.

Ratio / Principle

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

Key takeaways

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

Detailed headnote1 paragraphs

Application under S.529 BNSS (Allahabad High Court, Court No.83, Application U/S 529 BNSS No. 2241 of 2025; neutral citation 2025:AHC:117232), decided on 18.7.2025 by Hon'ble Nalin Kumar Srivastava, J. Applicant Pawan Nagar, complainant in Complaint Case No. 3847 of 2021 (New No. 853 of 2023) under S.138 Negotiable Instruments Act pending before Additional Judge Court No.2, Gautam Buddh Nagar, sought expedited disposal; summoning order had been passed on 5.5.2023 and the trial remained at the appearance stage with only dates being fixed. The High Court directed the trial court to procure the accused's presence by appropriate process within two months of production of the certified copy and thereafter to expedite disposal preferably within four months, keeping in view the heavy workload; besides the Presiding Officer, police, executive authorities, counsels, parties and staff were declared bound to assist in expeditious disposal. Application disposed of.

Neutral Citation No. - 2025:AHC:117232

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 2241 of 2025

Applicant :- Pawan Nagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babboo Ram,Pavan Kumar 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 Complaint Case No. 3847 of 2021 (New No. 853 of 2023), under Section 138 Negotiable Instruments Act, P.S.- Badalpur,, District- Gautam Buddh Nagar pending in the Court of learned Additional Judge Court No.2, Gautam Buddh Nagar 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 complainant in the aforesaid case. It is further submitted that summoning order in the matter was passed on 5.5.2023 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The trial is pending at the stage of appearance and only dates are being fixed. 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 preferably within four 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 :- 18.7.2025 Fhd

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