Allahabad High Court
M/S OM BHAWAN NIRMAN SAMAGRIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The High Court directed the lower court to dispose of the Section 138 complaint within six months of the order, emphasizing the statutory mandate for expeditious disposal.
Summary
The applicant, M/s Om Bhawan Nirman Samagri, filed an application under Section 529 seeking the court to direct the Additional Civil Judge/Judicial Magistrate in Mathura to decide a pending Section 138 Negotiable Instruments Act case (No. 1028 of 2024) within a stipulated period. The applicant argued that, under Section 143(3) of the NI Act, the complaint should be disposed of within six months, but more than a year had elapsed. The court noted the statutory requirement for expeditious disposal and ordered the lower court to decide the matter within six months of the certified copy of the order, without unnecessary adjournments, provided no legal impediment exists. The court gave both parties an opportunity of hearing before imposing the deadline. The application was ultimately disposed of by the High Court.
Issues considered
- Whether the High Court can direct the lower court to decide a Section 138 NI Act case within a specific time frame under Section 529.
- Whether the delay beyond six months violates the requirement of Section 143(3) of the Negotiable Instruments Act.
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
- Negotiable Instruments Act, 1881 — s. 138, 143(3)
Subjects
- expeditious disposal
- Section 138 NI Act
- Section 143(3) NI Act
- Section 529 CPC
- adjournments
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 1885 of 2026
M/S Om Bhawan Nirman Samagri
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Rohit Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State.
This application under Section 529 BNSS has been filed to direct the Additional Civil
Judge (Junior Division)/ Judicial Magistrate, Court No.12, Mathura to decide the Case
No. 1028 of 2024 (M/s Om Bhawan Nirman vs. Girdhari Rajput), under Section 138
of the Negotiable Instruments Act, Police Station Highway, District Mathrua,
expeditiously within a stipulated period.
Learned counsel for the applicant submits that the said case is pending since the year
2024 and as per Section 143 (3) of the N.I. Act it should be disposed of within a
period of six months from the date of filing of the complaint but more than a year has
been passed from the date of filing of the complaint, therefore, the same may be
expedited within a stipulated time as fixed by this Court.
In view of the provision of Section 143 (3) of the Negotiable Instruments Act, court
below is expected to make all endeavours to decide the aforesaid complaint case
expeditiously, preferably within a period of six months from the date of filing of
certified copy of this order after giving opportunity of hearing to both the parties
without giving any unnecessary adjournments to either parties, if there is no other
legal impediment in deciding the aforesaid case.
With the aforesaid observations, the application is finally disposed of.
April 20, 2026
KK Patel
(Jai Prakash Tiwari,J.)
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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