Created by Fuzzy Cloud

Allahabad High Court

BASANT @ BASANT SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for non‑prosecution due to the applicant's failure to appear.

Summary

The applicant, Basant Singh, filed an application under Section 528 of the Negotiable Instruments Act before the Allahabad High Court. The applicant's counsel repeatedly sought adjournments, and the cause of action appears to have become moot. On the day of the hearing, no counsel appeared for the applicant, although the State's A.G.A. was present. The court observed the applicant's non‑appearance and concluded that the case could not proceed. Consequently, the application was dismissed for non‑prosecution.

Issues considered

  • What is the appropriate disposition when the applicant fails to appear for a hearing despite prior adjournments?

Legislation cited

Subjects

  • procedural law
  • non‑prosecution
  • application dismissal
  • Section 528
  • Negotiable Instruments Act
  • adjournment

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 1376 of 2026

                                    Basant @ Basant Singh
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)                     :   G.A., Hitesh Pachori
                                    Counsel for Opposite Party(s)                :


                                    Court No. - 80
                                                       HON'BLE VIVEK KUMAR SINGH, J.

                                    1. None appears on behalf of the applicant to press this application even in
                                    the revised call, though learned A.G.A. for the State is present.

                                    2. Earlier, on two occasions, learned counsel for the applicant sought
                                    adjournment in this case. It appears that the cause of action no longer
                                    survives, therefore, the learned counsel for the applicant is not appearing.

                                    3. The present application is dismissed for non-prosecution.



                                                                                         (Vivek Kumar Singh,J.)
                                    May 7, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.