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

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

What the court decided

AI extract

Outcome

Application disposed of with a direction to the Court concerned for expeditious disposal of Complaint Case No.15409 of 2022 without unnecessary adjournments, subject to absence of legal impediment, with all stakeholders bound to assist the Court.

Issue for consideration

Whether the Court concerned should be directed to decide Complaint Case No.15409 of 2022 (Aniket v. Harendra Singh, Section 138 NI Act) pending before Addl. Chief Judicial Magistrate IX, Agra expeditiously within a stipulated period.

Court's answer

The Court concerned is directed to make all endeavours for the expeditious disposal of the complaint case without granting unnecessary adjournments to either party, if there is no legal impediment.

Key takeaways

Besides the Presiding Officer, all stakeholders i.e. police and executive authorities, counsels, parties to the case and staff are also made bound by this order to assist the Court in every manner for the expeditious disposal of the case.obiter¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Neutral Citation No. 2025:AHC:48302), Hon'ble Nalin Kumar Srivastava, J., Court No. 80; APPLICATION U/S 529 BNSS No. 652 of 2025, order dated 3.4.2025. Applicant Aniket (complainant), represented by Ram Jatan Yadav, sought a direction that Complaint Case No.15409 of 2022 (Aniket v. Harendra Singh) under Section 138 Negotiable Instrument Act, pending since 2022 in the Court of Addl. Chief Judicial Magistrate IX, Agra (P.S. Khandauli), be decided expeditiously within a stipulated period. Summoning order had been passed on 5.6.2023; an application under section 143-A of the N.I. Act had been decided in the applicant's favour but remained unpaid; examination-in-chief of P.W.1 had been recorded. The Court directed the Court concerned to make all endeavours for expeditious disposal without unnecessary adjournments if there is no legal impediment, further declared that all stakeholders (police and executive authorities, counsels, parties, staff) are bound by the order to assist, and disposed of the application with these observations.

Neutral Citation No. - 2025:AHC:48302

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 652 of 2025 Applicant :- Aniket Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav 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.15409 of 2022 (Aniket Vs. Harendra Singh) under Section 138 Negotiable Instrument Act, Police Station Khandauli, District Agra pending in the Court of Addl. Chief Judicial MagistrateIX, Agra, expeditiously within a stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It has been submitted by the learned counsel for the applicant that the said case has been filed by the applicant / complainant under Section 138 Negotiable Instrument Act in 2022. Summoning order was passed on 5.6.2023. Prayer has been made to decide the aforesaid complaint case expeditiously.

It reveals from the perusal of the record that application under section 143-A of the N.I. Act was decided in favour of the applicant but no money was paid so far by the opposite party no.2. There are several judicial pronouncements that proceedings under section 138 of the N.I. Act may be taken as summary proceeding but the said matter is pending since 2022. The examination-in-chief of P.W.1 has also been recorded.

In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the complaint case, as described above, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

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 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 :- 3.4.2025 / ss

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad