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

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

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to appear on the next date of listing for further cross-examination; trial Court to record the cross-examination in one day and make all endeavours to dispose of Complaint Case No. 6898 of 2024 expeditiously, preferably within six months, if there is no legal impediment; no unnecessary adjournments to be sought or granted; all stakeholders bound to assist the Court.

Issue for consideration

Whether a direction should be issued to the trial Court to expedite the proceedings/disposal of Complaint Case No. 6898 of 2024 (Section 138 NI Act) pending since 2017.

Ratio / Principle

The applicant is directed to appear before the trial Court on the next date of listing for further cross-examination.

Key takeaways

The trial Court is directed to record the cross-examination of the applicant in one day and thereafter make all endeavours for expeditious disposal of the case, preferably within six months, if there is no legal impediment.ratio¶¶10
No unnecessary adjournment shall be sought or granted in the case.ratio¶¶10
Besides the Presiding Officer, all stakeholders (police, execution authorities, advocates, parties, staff) are bound by the order to assist the Court in every manner for expeditious disposal.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; Order Date 18.3.2025) disposed of an application under Section 529 BNSS (Application No. 482 of 2025, Brijesh Kumar Dubey v. State of U.P.) seeking expeditious disposal of Complaint Case No. 6898 of 2024 (Old No. 1611 of 2017) under Section 138 Negotiable Instruments Act, pending since 2017 before the Judicial Magistrate, Court 11, Azamgarh, in which the statement of the accused and examination-in-chief of P.W.1 had been recorded but cross-examination remained incomplete. The Court directed the applicant-complainant to appear on the next date of listing for further cross-examination, directed the trial Court to record the cross-examination in one day and thereafter make all endeavours for expeditious disposal preferably within six months if there is no legal impediment, barred unnecessary adjournments, and declared that besides the Presiding Officer all stakeholders (police, execution authorities, advocates, parties, staff) are bound by the order to assist the Court.

Neutral Citation No. - 2025:AHC:38389

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 482 of 2025

Applicant :- Brijesh Kumar Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj 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 Complaint Case No.6898 of 2024 (Old No. 1611 of 2017), under Section 138 Negotiable Instruments Act, Police Station- Sidhari, DistrictAzamgarh pending in the Court Judicial Magistrate, Court 11, Azamgarh 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 this is a complaint case under Section 138 N.I. Act which is kept pending since 2017. It is further submitted that the applicant is the complainant in the aforesaid case and statement of accused has been recorded and examination-in-chief of P.W.1 is also recorded. It is further submitted that the cross examination has not been completed by the opposite party no.2 till date, hence it has been submitted that in the interest of justice a direction should be issued to the trial Court to expedite the proceedings of the aforesaid complaint case.

I have considered the submissions and perused the entire record.

In the circumstances, the applicant is directed to appear before the trial Court just on the next date of listing for further crossexamination and the trial Court is also directed to record the crossexamination of the applicant in one day and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within 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 :- 18.3.2025 Fhd

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