Disposed

Mahesh Chandra Sharma v. State of U.P. and Another

Allahabad HC10 Dec 2025NA529/4793/2025

Case brief

AI extract

What is this about?

Complainant in a pending 138 NI Act cheque dishonour case sought a direction to the trial court for expeditious disposal, alleging summons and bailable warrants were issued without checking service. The court directed the trial court to monitor process execution and dispose of the case preferably within three months.

What did the court decide?

Trial court directed to monitor service of process and endeavour to dispose of Complaint Case No.2665/2018 within three months, absent legal impediment.

Mahesh Chandra Sharma vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 529 BNSS No. - 4793 of 2025

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Mahesh Chandra Sharma

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Girish Kumar, Vijay Tripathi
Counsel for Opposite Party(s)	: G.A.
Court No.- 87

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HON'BLE ANIL KUMAR-X, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant has submitted that the applicant is complainant in Complaint Case No.2665/2018, Mahesh Chandra Sharma Vs. Ganesh Deen Dayal Gupta, Under Section 138 N.I. Act Police Station Tajganj, District Agra is pending in the Court of learned Presiding Officer/Additional Chief Judicial Magistrate 8th, Agra and no progress till now has been made in the said case. Learned counsel, therefore, prays that a direction be issued to the court below to decide the said case as expeditiously as possible.

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Learned counsel for the applicant has submitted that the aforesaid compliant was filed by applicant in the year 2018. Summons were issued for appearance of accused on 12.2.2019. Thereafter, summons were regularly issued without even considering whether they have been properly served or not. Thereafter, bailable warrant were issued on 14.2.2024. Till date only bailable warrant were issued and the Court is not considering whether the process issued by it are being served upon or they remain unserved.

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Sri Madan Lal Pal, learned AGA has conceded the aforesaid fact as narrated by learned counsel for applicant.

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In the given circumstances, it is apparent that the learned Trial Court is not looking into the execution of process issued by it. Therefore, learned Trial Court is directed to look into the progress of the process issued by it. It is also directed that learned Trial Court will make all endevours to dispose of

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NA529 No. 4793 of 2025

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the aforesaid case expeditiously and preferably within a period of three months from the date of production of a certified copy of this order, provided there is no legal impediment.

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The application under Section 529 B.N.S.S. is disposed of accordingly.

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December 10, 2025 Mukesh

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(Anil Kumar-X,J.)

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Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad

Mahesh Chandra Sharma v. State of U.P. and Another

Case brief

What is this about?

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Mahesh Chandra Sharma v. State of U.P. and Another

Case brief

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