Allahabad High Court
BASANT @ BASANT SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
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
- Negotiable Instruments Act — s. 528
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
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