Mohd. Rizwan vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Mohd. Rizwan vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the trial court (Civil Judge (Junior Division)-VI, Agra) to procure the presence of the accused and ensure due service of process within one month; thereafter to expedite proceedings and dispose of Complaint Case No.5324 of 2018 preferably within six months from production of a certified copy of the order, provided there is no legal impediment.

Issue for consideration

Whether a direction should be issued to the trial court to decide Complaint Case No.5324 of 2018 (Mohd. Rizwan Vs. Shobhit), under Section 138 of the Negotiable Instrument Act, as expeditiously as possible. +1 more

Court's answer

Once the accused appears before the Court, the trial court shall expedite the proceedings and make all endeavours to dispose of the case preferably within a period of six months from the date of production of a certified copy of the order, provided there is no legal impediment.

Ratio / Principle

The trial court is directed to make all endeavours to procure the presence of the accused by adopting all means and to ensure that process issued by it is duly served within a period of one month.

Detailed headnote1 paragraphs

Allahabad High Court (Anil Kumar-X, J.) — Application U/S 529 BNSS No. - 4815 of 2025 filed by Mohd. Rizwan, complainant in Case No.5324 of 2018 (Mohd. Rizwan Vs. Shobhit) under Section 138 of Negotiable Instrument Act, Police Station Hari Parwat, District Agra, pending since 2018 before Civil Judge (Junior Division)-VI, Agra with no progress, and where accused had not appeared despite issuance of summon and bailable warrant — HELD: application disposed of with directions to the learned Trial Court to (i) make all endeavours to procure the presence of the accused by adopting all means and ensure that process issued is duly served within one month, and (ii) once the accused appears, expedite the proceedings and dispose of the case preferably within six months from the date of production of a certified copy of the order, provided there is no legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4815 of 2025

Mohd. Rizwan

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

HON'BLE ANIL KUMAR-X, J.

Heard learned counsel for the applicant, Sri R.K. Singh, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant has submitted that the applicant is complainant in Case No.5324 of 2018 (Mohd. Rizwan Vs. Shobhit), under Section 138 of Negotiable Instrument Act, Police Station Hari Parwat, District Agra, pending in the court of Civil Judge (Junior Division)-VI, 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.

Learned counsel for the applicant has submitted that his complaint was instituted in the year 2018. However, accused have not appeared before the Court despite the issuance of summon and bailable warrant.

From the facts stated by learned counsel for applicant, it seems that Court is barely issuing process and is not looking at the progress of process issued by it.

Therefore, learned Trial Court is directed to make all endevours to procure the presence of accused by adopting all means. Learned Trial Court will ensure that process issued by it is duly served within a period of one month. Once, the accused appears before the Court, learned Trial Court thereafter will expedite the proceedings and will make all endevours to dispose of the case preferably within a period of six months from the date of production of a certified copy of this order, provided there is no legal impediment.

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

December 10, 2025 Mukesh

(Anil Kumar-X,J.)

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