Allahabad High Court
RAJENDRA KUMAR SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- HARVIR SINGH
Holding
The High Court held that it will not prescribe a fixed time‑frame and merely directs the lower court to dispose of the case in accordance with law without unnecessary adjournments.
Summary
Petitioner Rajendra Kumar Sharma filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Ghaziabad to dispose of a complaint under Section 138 of the Negotiable Instruments Act within six months. The High Court examined whether it could impose such a time‑bound direction and affirmed that the lower court is fully competent to decide the matter. It held that no specific time limit should be imposed, but the lower court must conduct the proceedings without unnecessary adjournments and in accordance with the law. The Court warned that failure to comply with its observations would attract consequences. Consequently, the revision petition was disposed without ordering a fixed deadline for disposal.
Issues considered
- Can the High Court, under Article 227, direct a lower court to dispose of a case within a specified period?
- Is the Civil Judge (Junior Division) competent to decide a complaint under Section 138 of the Negotiable Instruments Act?
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Article 227
- Writ Petition
- Revision
- Civil Judge Junior Division
- Section 138
- Negotiable Instruments Act
- Adjournment
- Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 11860 of 2025
Rajendra Kumar Sharma
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Brijendra Kumar
Counsel for Respondent(s) : G.A., Ravindra Kumar
Court No. - 86
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the petitioner, learned counsel for the
respondent no. 2 and perused the record.
2. The petitioner has preferred this writ petition under Article 227 of the
Constitution of India with a prayer that a direction be issued to learned
Civil Judge (J.D.) / F.T.C., Ghaziabad to decide the Complaint Case No.
2214 of 2022 (Rajendra Kumar Sharma vs. Mahendra Pratap), under
Section 138 N.I. Act, P.S. Kavi Nagar, District-Ghaziabad, pending in the
Court of learned Civil Judge (J.D.) / F.T.C., Ghaziabad within a period of
six months. No further prayer has been sought by the petitioner (herein).
3. Having considered the nature of prayer, it is directed that even the first
court in the hierarchy of courts, i.e. the court of the learned Civil Judge
(Junior Division), is also fully competent and authorized to proceed in
accordance with the law.
4. It is not only expected but desired that every Court shall conduct the
proceedings as prescribed in a particular statute, in order to impart justice
to the aggrieved parties.
5. Under the circumstances, no direction is required from this Court that
the particular case be disposed of, in a particular period. However, it is
expected that the learned Civil Judge (J.D.) shall proceed to dispose of the
case in accordance with law, without granting any unnecessary
adjournment to either of the parties. Furthermore, even if, the concerned
Courts, despite having heavy workload does not take interest in deciding
A227 No. 11860 of 2025
2
the matters or did not follow the directions given by this Court, then
consequences would follow.
6. With the aforesaid observations, the instant revision stands disposed of.
(Harvir Singh,J.)
March 18, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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