Allahabad High Court
JITENDRA SINGHversusSUMIT YADAV
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court may, under its supervisory jurisdiction under Article 227, direct the subordinate magistrate to dispose of the pending Section 138 NI Act complaint within six months.
Summary
The petitioner, Jitendra Singh, filed a petition under Article 227 seeking a direction to the Additional Chief Judicial Magistrate Court, Varanasi, to decide his pending complaint (Case No. 591 of 2025) under Section 138 of the Negotiable Instruments Act within a fixed period. The petitioner argued that the proceedings were unduly delayed and that a time‑bound disposal was necessary. The High Court considered the petitioner's submission and the need for efficient administration of justice. It exercised its supervisory jurisdiction and ordered the lower court to render a decision within six months of the certified copy of the order. The petition was consequently disposed of with the said direction.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227 of the Constitution, can direct a subordinate magistrate court to decide a pending criminal complaint under Section 138 of the Negotiable Instruments Act within a specified time frame.
- Whether a petition for time‑bound disposal of a criminal complaint is maintainable before the High Court.
Legislation cited
- Constitution of India — s. Article 227
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- time‑bound disposal
- Section 138 NI Act
- Article 227
- High Court supervisory jurisdiction
- criminal complaint
- cheque bounce
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12605 of 2026
Jitendra Singh
.....Petitioner(s)
Versus
Sumit Yadav
.....Respondent(s)
Counsel for Petitioner(s) : Niraj Tiwari, Rakesh Maurya
Counsel for Respondent(s) :
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner.
2. The present petition is filed with the following prayer:-
"A. To direct the concerned court to decide the complaint case No. 591 of
2025 Jitendra Singh versus Sumit Yadav under section 138 N.I. Act police
station Phoolpur District Varanasi pending in the court of Additional
Chief Judicial Magistrate Court No.4 Varanasi within stipulated period
as fixed by this Hon'ble Court.
B. To direct the concerned court to take necessary steps against accused
opposite party no. 2 in the complaint case No. 591 of 2025 Jitendra Singh
versus Sumit Yadav under section 138 N.I. Act police station Phoolpur
District Varanasi pending in the court of Additional Chief Judicial
Magistrate Court No.4 Varanasi within stipulated period as fixed by this
Hon'ble Court."
3. Learned counsel for the petitioner submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the petitioner that the petitioner is
the complainant before the court concerned.
4. Considering the facts and circumstances of the case and the submission
of learned counsel for the petitioner, the petition is disposed of with a
direction to the Additional Chief Judicial Magistrate Court No.4 Varanasi
to decide the Case No. 591 of 2025 (Jitendra Singh Vs. Sumit Yadav)
A227 No. 12605 of 2026
2
under Section 138 N.I. Act, Police Station Phoolpur, District
Varanasi, within a period of six months from the date of production of a
certified copy of this order.
(Vikram D. Chauhan,J.)
September 11, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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