Allahabad High Court
RICHCREDIT FINANCE PRIVATE LIMITEDversusRAJESH KUMAR GUPTA
- Decided
- Bench
- SAMIT GOPAL
Holding
The petition was disposed without any direction to the Special Court.
Summary
Richcredit Finance Private Limited filed a petition under Article 227 seeking a direction to the Special Court (N.I. Act) in Ghaziabad to decide a pending complaint under Section 138 of the Negotiable Instruments Act within a specified period. The petitioner argued that the trial court was merely fixing dates and the delay was harming its interests, urging the High Court to intervene for expeditious disposal. The Court noted the urgency but directed the petitioner to file an application before the trial court seeking expedited hearing, leaving the matter to the lower court's discretion. No substantive order directing the Special Court was issued. Consequently, the petition was disposed without any directive.
Issues considered
- Whether the High Court can, under Article 227, direct a Special Court to decide a pending Section 138 NI Act case within a specified time.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Article 227
- Judicial Review
- Special Court
- Section 138
- Negotiable Instruments Act
- Expeditious Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3115 of 2026
Richcredit Finance Private Limited
.....Petitioner(s)
Versus
Rajesh Kumar Gupta
.....Respondent(s)
Counsel for Petitioner(s) : Ajai Kumar Srivastava
Counsel for Respondent(s) :
Court No. - 53
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Ajai Kumar Srivastava, learned counsel for the petitioner
and Sri Bade Lal Bind, learned counsel for the State and perused the
material on record.
3. The present petition under Article 227 of the Constitution of India
has been filed by the petitioner- Richcredit Finance Private Limited,
with the prayer to issue an order or direction to the learned Presiding
Officer / Judge, Special Court (N.I. Act), Ghaziabad to decide the
Case No. 1126/2023 (Complaint No.21/2023) (Richcredit Finance
Private Limited Vs. Rajesh Kumar Gupta), under Section 138 N. I.
Act, Police Station Link Road, District Ghaziabad, within some
specified period as this Hon'ble Court may deem fit and proper.
4. Learned counsel for the petitioner submits that a complaint under
Section 138 N. I. Act dated 17.08.2023 is pending disposal before the
court concerned since then. It is submitted that the trial court is
merely fixing dates in the matter and the pendency of the said
application is seriously effecting the petitioner and as such
appropriate orders be passed directing the trial court concerned to
decide the same in a specified period of time.
5. Needless to state, looking to the nature and the urgency of the
matter the said application needs to be decided expeditiously.
6. The petitioner shall file an application within two weeks before the
A227 No. 3115 of 2026
2
court concerned with the prayer to expedite the same on which the
court concerned shall consider the urgency and necessity of the
matter for expeditious disposal of the matter and pass appropriate
orders.
7. The petition stands disposed of.
March 19, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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