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Allahabad High Court

DHIRENDRA PRATAP CHAURASIYAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant filed an application under Section 529 of the Code of Civil Procedure seeking expeditious disposal of a pending complaint under Section 138 of the Negotiable Instruments Act (Case No. 8296 of 2022) before the Civil Judge (Senior Division) in Gorakhpur. The applicant argued that the case had been pending since 2022 without reaching a conclusion. The State, represented by the Additional Government Advocate, did not oppose expediting the matter. The High Court directed the trial court to decide the case within six months of the order, barring any legal impediment and avoiding unnecessary adjournments. The application was subsequently disposed of.

Issues considered

  • Whether the trial court should be directed to decide the pending Section 138 NI Act case expeditiously under Section 529 CPC

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CPC
  • Section 138 NI Act
  • civil procedure
  • adjournments
  • pending case

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
          APPLICATION U/S 529 BNSS No. - 2255 of 2026



Dhirendra Pratap Chaurasiya
                                                      .....Applicant(s)
                               Versus

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

Counsel for Applicant(s)      : Atul    Pandey,               Prakash
                                Chandra Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 84


            HON'BLE PRASHANT MISHRA-I, J.

1. Heard 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.
8296 of 2022 (Dhirendra Pratap Chaurasiya Vs. Kundan), under
Section 138 N.I. Act, Police Station Shahpur, District Gorakhpur,
pending in the court of Civil Judge (Senior Division-I),
Gorakhpur, within stipulated time.

3. Learned counsel for the applicant submitted that the present
case is pending since 2022 and the case 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. 2255 of 2026
                                                                    2


                                        date of production of certified copy of this order, if there is no
                                        legal impediment, without permitting 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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