Allahabad High Court
DHIRENDRA PRATAP CHAURASIYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending complaint expeditiously, preferably within six months, and to refrain from granting undue adjournments.
Summary
The applicant, Dhirendra Pratap Chaurasiya, filed an application under Section 529 of the Criminal Procedure Code seeking an expedited decision in a pending complaint under Section 138 of the Negotiable Instruments Act (Case No. 14462 of 2022) before the Civil Judge (Senior Division‑I), Gorakhpur. The applicant argued that the case had been pending for an inordinate period without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The Hon'ble Judge Prashant Mishra‑I directed the trial court to decide the case within six months of receipt of the certified copy of the order, barring any legal hurdles and disallowing undue adjournments. The application was disposed of as an innocuous order without issuing notice to the opposite party, with a provision for the opposite party to approach the High Court if aggrieved.
Issues considered
- Whether the High Court can direct the trial court to decide a pending criminal complaint under Section 138 NI Act within a stipulated time under Section 529 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 529 CrPC
- expeditious trial
- Negotiable Instruments Act
- pendency
- civil judge senior division
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2267 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.
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 direct the Civil Judge (Senior Division-I), Gorakhur to decide the
Complaint Case No. 14462 of 2022 (Dhirendra Pratap Chaurasiya Vs.
Amar Kumar Srivastava) 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 as may be directed by this
Hon'ble Court.
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 six 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
NA529 No. 2267 of 2026
2
aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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