Allahabad High Court
PRADEEP KUMAR PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court directed the trial court to conclude the Section 138 NI Act trial within four months of the order.
Summary
The applicant, Pradeep Kumar Pandey, filed an application under Section 528 of the B.N.S.S. before the Allahabad High Court seeking a direction to the trial court handling his Section 138 Negotiable Instruments Act complaint (Case No. 27154 of 2023) to expedite the proceedings. The applicant argued that, under Section 143 of the Negotiable Instruments Act, the trial must be concluded within six months of filing, and the trial was at risk of delay. The court examined the statutory requirement for a summary trial and the need for expeditious disposal. It held that the trial court should be directed to complete the trial within four months of receiving the certified copy of the order. Consequently, the application was disposed of with the said direction.
Issues considered
- Whether the trial court must conclude a Section 138 NI Act case within six months as mandated by Section 143 of the Negotiable Instruments Act
- Whether the High Court can direct the trial court to complete the trial within a shorter period under Section 528 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 528
- Negotiable Instruments Act — s. 138, 143
Subjects
- Section 138 NI Act
- summary trial
- expeditious disposal
- High Court application
- Section 528 B.N.S.S.
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 15234 of 2024
Pradeep Kumar Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sabhapati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant; learned
A.G.A. for the State and perused the record.
2. This application under Section 528 B.N.S.S. has
been filed by the applicant to direct the concerned
court to decide the case bearing Complaint Case
No.27154 of 2023 (Pradeep Kumar Pandey Vs. Ravi
Shankar Yadav) under Section 138 N.I. Act, P.S.
Gyanpur, District Bhadohi, pending in the court of
Additional Chief Judicial Magistrate, Bhadohi,
Gyanpur.
3. Learned counsel for the applicant submits that the
applicant is complainant and initiated proceedings
under Section 138 N.I. Act against the opposite party
no.2 in the year, 2023 and opposite party no. 2 is
appearing before the trial court.
4. As per Section 143 of the Negotiable Instruments
Act, it is a summary trial and proceeding should be
decided within six months from the date of filing of
the complaint. and every trial under this section shall
be conducted as expeditiously as possible and an
endeavour shall be made to conclude the trial within
A482 No. 15234 of 2024
2
six months from the date of filing of the complaint.
5. In view of aforesaid fact, the present 528 B.N.S.S.
application is disposed of with direction to the trial
court to conclude the trial within four months from the
date of production of certified copy of this order.
(Deepak Verma,J.)
April 23, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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