Disposed

Rakesh Kumar Vishwakarma v. State of U.P. Thru. Prin. Secy. (Home) Lko. and Another

Allahabad HC22 Apr 2026NA529/74/2026

Case brief

AI extract

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Applicant sought a direction under Section 529 BNSS for expeditious disposal of seven cheque-dishonour complaints pending since 2024 against the same opposite party. Relying on the Supreme Court's directions in In Re: Expeditious Trial of Cases under Section 138 NI Act, the High Court directed the court below to expedite proceedings per Section 143(3) NI Act without unnecessary adjournments.

What the court decided

AI extract

Rakesh Kumar Vishwakarma vs State of U.P. Thru. Prin… — Cheque Dishonour | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 529 BNSS No. - 74 of 2026

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Rakesh Kumar Vishwakarma

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Pankaj Singh, Pooja Singh @ Pooja Bhargava Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE BRIJ RAJ SINGH, J.

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Heard Ms. Pooja Bhargava Singh, learned counsel for the applicant and Sri Rao Narendra Singh,learned AGA for the State.

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Ms. Pooja Bhargava Singh, learned counsel for the applicant has submitted that out of same transaction, seven cheques were issued by answering-opposite party no.2, which were dishonoured, therefore, seven cases have been filed but the subject matter is same for all the cases. Therefore, the applicant has filed the instant application under Section 529 BNSS before this Court for getting a direction issued to the Additional Court No.01, Lucknow to decide seven Complaint Cases, filed under Section 138 of Negotiable Instrument Act (in short "NI Act").

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The details of seven cases pending before the Court below, under Section 138 of NI Act, are given below :

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i. Complaint Case No. 82910 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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ii. Complaint Case No. 82914 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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iii. Complaint Case No. 82915 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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iv. Complaint Case No. 82912 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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NA529 No. 74 of 2026

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v. Complaint Case No. 82913 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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vi. Complaint Case No. 82916 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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vii. Complaint Case No. 82911 of 2024 (Rakesh Kumar Vishwakarma Vs. Ram Sundar Singh)

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The aforesaid cases of the applicants are pending since 2024. Learned counsel for the applicant submits that under Section 143(3) of the NI Act, it is provided that every trial under this Section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint. She has submitted that since long time, the case is pending without substantial progress.

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She has submitted that the direction for disposal of complaint cases, under Section 138 of NI Act, arising out of same transaction can be issued by way of one application under Section 529 BNSS. She has placed reliance on the judgment of the Hon'ble Supreme Court of India in Suo Motu Writ Petition (Cri)No. 2 of 2020 titled In Re: Expeditious Trial of Cases under Section138 of N.I. Act, 1881 ( 2021 SCC Online SC 325),on 16.04.2021 in which directions for early disposal of cases under Section 138 of NI Act have been issued.

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In view of the aforesaid facts, the court concerned is directed to adhere to the provisions of Section 143(3) of the NI Act and accordingly expedite the proceedings of the aforesaid cases in accordance with law, without granting any unnecessary adjournments to the parties.

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This application stands disposed of .

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(Brij Raj Singh,J.)

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April 22, 2026 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Vishwakarma v. State of U.P. Thru. Prin. Secy. (Home) Lko. and Another

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Rakesh Kumar Vishwakarma v. State of U.P. Thru. Prin. Secy. (Home) Lko. and Another

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