Allahabad High Court
GAURAV SAXENAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
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
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
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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