Allahabad High Court
OM PRAKASH CHAUHANversusASHUTOSH SRIVASTAVA
- Decided
Holding
The High Court directed the Special Judicial Magistrate to decide the complaint under Section 138 NI Act within six months of the order, subject to the absence of any legal impediment.
Summary
The petitioner, Om Prakash Chauhan, filed a petition under Article 227 seeking a direction to the Special Judicial Magistrate-II, Kanpur Nagar, to decide a complaint (Case No. 81171 of 2021) filed under Section 138 of the Negotiable Instruments Act. The petition argued for an expeditious disposal of the matter. The High Court, after hearing counsel, directed the lower court to decide the complaint within six months of receiving a certified copy of the order, provided there is no legal impediment. No substantive discussion on the merits of the complaint was made. The petition was subsequently disposed of.
Issues considered
- Whether the High Court should direct the Special Judicial Magistrate to decide the Section 138 NI Act complaint within a stipulated period of six months
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Article 227
- Section 138
- Negotiable Instruments Act
- Special Judicial Magistrate
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 14975 of 2025
Om Prakash Chauhan
.....Petitioner(s)
Versus
Ashutosh Srivastava
.....Respondent(s)
Counsel for Petitioner(s) : Anjum Parveen
Counsel for Respondent(s) :
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner, Sri R.K.Singh, learned A.G.A.
for the State and perused the record.
2. Learned counsel for the petitioner has prayed to direct the Special Judicial
Magistrate-II, Kanpur Nagar to decide the Complaint Caes No. 81171 of
2021 (Om Prakash Chauhan vs. Ashutosh Srivastava) under Section 138 NI
Act, P.S. Kotwali, District Kanpur Nagar.
3. Considering the submissions made by learned counsel for the petitioner,
the court below concerned is directed to decide the aforesaid case as
expeditiously and preferably within a period of six months from the date of
production of a certified copy of this order, provided there is no legal
impediment.
4. The petition is disposed of.
May 14, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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