Allahabad High Court
HARSH MITTALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Additional Court, Aligarh to decide the Section 138 complaint within six months, thereby enforcing the time‑bound requirement of Section 143(3) of the NI Act.
Summary
The petitioner, Harsh Mittan, filed a writ petition under Article 227 seeking a direction to the Additional Court, Aligarh, to expedite the pending complaint (Case No. 184/2024) filed under Section 138 of the Negotiable Instruments Act against Rajendra Singh. The petitioner argued that the trial was unduly delayed and invoked Section 143(3) of the NI Act, which mandates a six‑month time limit for deciding such cases. The High Court examined the petition and the statutory provision requiring a time‑bound disposal of Section 138 cases. Considering the facts and the petitioner's submission, the Court directed the presiding officer to decide the complaint within six months of receiving a certified copy of the order. The petition was consequently disposed with the specified direction.
Issues considered
- Whether the High Court can direct a lower court to decide a Section 138 NI Act case within six months under Section 143(3).
Legislation cited
- Negotiable Instruments Act — s. 138, 143
Subjects
- Section 138
- Negotiable Instruments Act
- Time‑bound trial
- Article 227
- Writ petition
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6217 of 2026
Harsh Mittal
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Vivek Chaturvedi
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the
State.
2. The present writ petition is filed with the following prayer:-
"A. To direct the Court of Presiding Officer, Additional Court Aligarh to
consider and decide the Complain Case No. 184/2024 U/s 138 of
Negotiable Instrument Act - Harsh Mittal Vs Rajendra Singh, Pending
since 28.02.2024 before it, as expeditiously as possible preferably within
the six months as per Section 143(3) of the NI Act or any other stipulated
period of time as the Hon'ble Court may deem fit."
3. Learned counsel for the petitioner submits that petitioner is the
complainant in respect of proceedings under Section 138 of Negotiable
Instruments Act. Learned counsel for the petitioner submits that the
proceedings before the court concerned be directed to be concluded in a
time bound manner.
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 Presiding Officer, Additional Court Aligarh to decide the
Complaint Case No. 184 of 2024 under Section 138 of Negotiable
Instruments Act (Harsh Mittal Vs Rajendra Singh) within a period of six
months from the date of production of a certified copy of this order.
(Vikram D. Chauhan,J.)
May 5, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
Checking your session…