Allahabad High Court
AJIT SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to conclude the pending Section 138 NI Act case within four months, disposing of the application as an innocuous order.
Summary
The applicant, Ajit Singh, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Chief Judicial Magistrate, Court No.5, Meerut, to conclude the pending trial of Complaint No. 2984 of 2023 (Ajit Singh v. Usha) under Section 138 of the Negotiable Instruments Act. The applicant argued that the case had been pending for an inordinate period without reaching a logical conclusion. The State's Additional Government Advocate (A.G.A.) raised no objection to expediting the matter. The Court, noting the undue delay, directed the trial court to decide the case within four months of receiving a certified copy of the order, barring any legal hurdles and limiting further adjournments. The application was disposed of as an innocuous order, with a note that any aggrieved party could approach the High Court.
Issues considered
- Whether the High Court can issue a direction under Section 529 CrPC to expedite a pending trial under Section 138 NI Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 529 CrPC
- Section 138 NI Act
- trial delay
- expeditious trial
- application for direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2264 of 2026
Ajit Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Kumar Yadav, Reeta Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard learned counsel for the applicant and learned A.G.A. for the State
and perused the record.
The instant application has been preferred by the applicant with a prayer
to issue the direction to the court of Additional Chief Judicial Magistrate,
Court no.5, Meerut. to conclude the trial of Complaint No. 2984 of 2023
(Ajit Singh Vs. Usha) Under Section-138 N.I.Act, Police station
Hastinapur, District- Meerut, pending in the court of Additional Chief
Judicial Magistrate, Court no.5, Meerut.
Learned counsel for the applicant submitted that present case is pending
since long and the case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of four months from the date of
production of certified copy of this order, 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. No. 2 feels
aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
Checking your session…