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Allahabad High Court

GAURAV SAXENAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The trial court must decide the pending Section 138 NI Act case expeditiously, preferably within six months from the date of the order.

Summary

The applicant, Gaurav Saxena, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to decide a pending Section 138 Negotiable Instruments Act case (Complaint No. 4773 of 2021) within a stipulated period. The trial court in Aligarh had not yet concluded the matter, leading to concerns about undue delay. The State of Uttar Pradesh, represented by the A.G.A., raised no objection to expediting the case. The High Court, noting the prolonged pendency and the interest of justice, directed the trial court to decide the matter preferably within six months, barring any legal hurdles and limiting adjournments. The application was disposed of without issuing notice to the second opposite party, with a provision for aggrieved parties to approach the court.

Issues considered

  • Whether the trial court should be directed to decide the pending Section 138 NI Act case within a specific time frame
  • Whether the High Court can impose a six‑month deadline without hearing the second opposite party

Legislation cited

Subjects

  • expeditious trial
  • Section 138 NI Act
  • Section 529 CrPC
  • pendency of criminal case
  • judicial directions

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      APPLICATION U/S 529 BNSS No. - 2240 of 2026

                                        Gaurav Saxena
                                                                                          .....Applicant(s)
                                                                        Versus

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

                                        Counsel for Applicant(s)                    :   Srijan Pandey
                                        Counsel for Opposite Party(s)               :   G.A.

                                        Court No. - 84
                                                        HON'BLE PRASHANT MISHRA-I, J.


                                        Heard Sri Srijan Pandey, learned counsel for the applicant and
                                        learned A.G.A. for the State and perused the record.

                                        Learned counsel for the applicant submitted that learned trial
                                        court be directed to decide the Complaint Case No. 4773 of
                                        2021, (Gaurav Saxena Vs. Pulkit Sharma) under Section 138 of
                                        Negotiable Instruments Act, 1881, P.S. Civil Lines, District
                                        Aligarh, pending in the Court of Additional Court/Special
                                        Court (NI Act), Aligarh, within stipulated time.

                                        Learned A.G.A. has no objection if the matter be expedited in
                                        the interest of justice.

                                        Learned counsel for the applicant submitted that present case is
                                        pending since long and the case has not culminated to its
                                        logical conclusion.

                                        Keeping in view the period of pendency of the case, it is
                                        directed that court below shall make all endeavour to decide
                                        this case expeditiously preferably within a period of six months
                                        from today, if there is no legal hurdle, without permitting
                                        undue adjournments to either sides.

                                        With this direction, this application is disposed of without
                                        issuing any notice to O.P. No. 2 as it is an innocuous order. If
                                        the O.P. Nos. 2 feels aggrieved, he may approach this Court.
                                        May 5, 2026
                                        A. Mandhani

                                                                                   (Prashant Mishra-I,J.)




Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad


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