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Allahabad High Court

NAZMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that it may issue a direction under Section 529 CPC to expedite the trial when there is undue pendency and no legal obstacle.

Summary

The applicant, Nazma, filed an application under Section 529 of the Code of Civil Procedure seeking a direction to the Additional Court‑II, Agra to expedite the trial of Complaint Case No. 103/2018, which involves a cheque bounce under Section 138 of the Negotiable Instruments Act, 1881. The trial had been pending for an extended period without reaching a conclusion. The respondent State of U.P. raised no objection to expediting the matter, acknowledging the interest of justice. The learned judge noted the undue delay and, in the absence of any legal impediment, directed the trial court to decide the case within six months of receiving the certified copy of the order, prohibiting unnecessary adjournments. The application was disposed of as an innocuous order, with a note that the second opposite party could approach the court if aggrieved.

Issues considered

  • Whether the High Court can, under Section 529 CPC, direct a lower trial court to conclude a pending criminal complaint within a specified time frame.
  • Whether such a direction infringes on the trial court's discretion or procedural safeguards.

Legislation cited

Subjects

  • expeditious trial
  • Section 138 NI Act
  • pendency
  • CPC Section 529
  • court direction
  • cheque bounce

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2268 of 2026

                                    Nazma
                                                                                               .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)                     :   Rishabh Agarwal
                                    Counsel for Opposite Party(s)                :   G.A.

                                    Court No. - 84
                                                       HON'BLE PRASHANT MISHRA-I, J.
                                    Heard Sri Abhinav Mishra, learned Advocate holding brief of Sri Rishabh
                                    Agarwal, 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 court of Additional Court-II, Agra to expeditiously decide
                                    and conclude the trial of Complaint Case No. 103/2018 (Nazma vs Singh
                                    Transport Company), u/s 138 of the Negotiable Instrument Act, 1881, PS-
                                    Jagdishpura, District- Agra.

                                    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
                                    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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