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

Shiv Kumar Rai 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: record the statement of the accused within one month of production of certified copy of the order; thereafter expedite disposal preferably within six months absent legal impediment; no unnecessary adjournments to be sought/granted; all stakeholders bound to assist the Court for expeditious disposal.

Issue for consideration

Whether the Court concerned should be directed to decide the trial of Complaint Case No. 28024 of 2023 under Section 138 Negotiable Instruments Act (pending before Judicial Magistrate First, Jaunpur) expeditiously, on the applicant's application under Section 529 BNSS.

Court's answer

From perusal of the order sheets, the Court found that the case is pending since 2023 and the accused/opposite party no.2 is not cooperating with the progress of the case and is adopting delaying tactics.

Ratio / Principle

The Court concerned was directed to record the statement of the accused within one month from the date of production of certified copy of the order before it.

Key takeaways

After recording the statement of the accused, all endeavours shall be made for expeditious disposal of the case preferably within a period of six months, if there is no legal impediment.ratio¶12
It was further directed that no unnecessary adjournment will be sought or granted.ratio¶12
Besides the Presiding Officer, all stake holders (police and execution authorities, advocates, parties to the case, staff etc.) were made bound by the order and made responsible to assist the Court in every manner for expeditious disposal of the case.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Nalin Kumar Srivastava, J.; Neutral Citation No. 2025:AHC:31713; Order Date 5.3.2025) in APPLICATION U/S 529 BNSS No. 389 of 2025 (Shiv Kumar Rai v. State of U.P. and Another): The applicant sought a direction for expeditious disposal of Complaint Case No. 28024 of 2023 under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Jaunpur, pending since 2023 in the Court of Judicial Magistrate First, Jaunpur, alleging that opposite party no.2 (accused) was adopting delaying tactics. On perusal of the order sheets the Court found non-cooperation and delay by the accused. The Court directed the trial court to record the statement of the accused within one month of production of a certified copy of the order, thereafter to make all endeavours for expeditious disposal preferably within six months if there is no legal impediment, and that no unnecessary adjournment be sought/granted. All stake holders (police, execution authorities, advocates, parties, staff) besides the Presiding Officer were bound to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:31713

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 389 of 2025

Applicant :- Shiv Kumar Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Upadhyay 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 trial of Complaint Case No. 28024 of 2023, under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Jaunpur pending in the Court of Judicial Magistrate First, Jaunpur, 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 case is pending since 2023. It is also submitted that the opposite party no.2 is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. He is not cooperating with the trial of the case.

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 case is pending since 2023 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 statement of accused within one month 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 six months, 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 :- 5.3.2025 Fhd

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