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Allahabad High Court

PRAVESH TIWARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the trial court to decide the pending Section 138 case within six months and disposed of the application.

Summary

The applicant, Pravesh Tiwari, filed an application under Section 529 of the Code of Civil Procedure seeking the expeditious disposal of his pending criminal case (Complaint Case No. 71289 of 2024) under Section 138 of the Negotiable Instruments Act, which was filed in the Additional Chief Judicial Magistrate's Court, Bhadohi. The applicant argued that the case had been pending since 2024 without reaching a conclusion. The State, represented by G.A., did not oppose the request and agreed that expediting the matter would serve the interest of justice. The High Court, after hearing counsel, directed the trial court to decide the case within six months of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. The application was subsequently disposed of.

Issues considered

  • Whether the High Court can direct the trial court to dispose of a pending Section 138 NI Act case expeditiously under Section 529 CPC

Legislation cited

Subjects

  • expeditious disposal
  • Section 138 NI Act
  • Section 529 CPC
  • High Court direction
  • criminal trial
  • adjournment

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
          APPLICATION U/S 529 BNSS No. - 2250 of 2026



Pravesh Tiwari
                                                      .....Applicant(s)
                               Versus

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

Counsel for Applicant(s)                     :   Prem Prakash
Counsel for Opposite Party(s)                :   G.A.

Court No. - 84


            HON'BLE PRASHANT MISHRA-I, J.

1. Heard Mr. Prem Prakash, learned counsel for the applicant and
learned A.G.A. representing the State and perused the record.

2. The instant application has been preferred by the applicant
with a prayer for expeditious disposal of Complaint Case No.
71289 of 2024 (Pravesh Tiwari Vs. Alamdar Enterprises), under
Section 138 of the Negotiable Instruments Act, Police Station
Gyanpur, District Bhadohi, pending in the court of learned
Additional Chief Judicial Magistrate, Bhadohi, Gyanpur, within
stipulated time.

3. Learned counsel for the applicant submitted that aforesaid
matter is pending since 2024 before the concerned trial court and
the same has not culminated to its logical conclusion.

4. Learned A.G.A. states that no useful purpose would be served
in issuing notice to opposite party No. 2 and keeping this
application pending before this Court and he has no objection if
the matter be expedited in the interest of justice.

5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the case
expeditiously preferably within a period of six months from the
                                                                                            NA529 No. 2250 of 2026
                                                                   2


                                        date of production of certified copy of this order, if there is no
                                        legal impediment, without granting unnecessary adjournments to
                                        either of the parties.

                                        6. With the aforesaid direction, this application is disposed of.

                                                                                   (Prashant Mishra-I,J.)


                                        May 6, 2026
                                        Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad


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