Allahabad High Court

ASHOK SINGHversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: PRASHANT MISHRA I

Holding

The court directed the trial magistrate to decide the pending Section 138 NI Act case within six months, prohibiting undue adjournments.

Summary

The applicant, Ashok Singh, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Judicial Magistrate, Second, Bhadohi‑Gyanpur to decide a pending complaint (Case No. 6649 of 2021) under Section 138 of the Negotiable Instruments Act. The complaint had been pending since 27 September 2021 without a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The court noted the undue delay and, in the interest of justice, ordered the trial court to dispose of the case within six months of the certified copy of the order, barring unnecessary adjournments. The application was consequently disposed of with the directive for expeditious disposal.

Issues considered

Whether the trial court should be directed to decide the pending Section 138 NI Act case expeditiously under Section 529 CrPC.
Whether any legal impediment exists that would prevent such expeditious disposal.

Legislation cited

Code of Criminal Procedure, 1973 — s. 529
Negotiable Instruments Act, 1881 — s. 138

Subjects

expeditious disposal
Section 529 CrPC
Section 138 NI Act
pendency
judicial magistrate
criminal procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2270 of 2026

                                    Ashok Singh
                                                                                                  .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)      : Mohit Kumar, Neeraj Kumar Pandey
                                    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 Judicial Magistrate, Second, Bhadohi- Gyanpur to decide the
                                    Complaint Case No.6649 of 2021, (Ashok Singh Vs. Sujeet Singh) under
                                    section 138 N.I. Act, Police Station- Bhadohi, District- Bhadohi pending
                                    in the court of Judicial Magistrate, Second, Bhadohi- Gyanpur within
                                    stipulated period, which is pending since 27.9.2021.

                                    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 the aforesaid, this application is disposed of.



                                                                                           (Prashant Mishra-I,J.)
                                    May 6, 2026
                                    Saurabh




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

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