Allahabad High Court
AJAY DUBEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The trial court must decide the pending Section 138 complaint within six months, and the application is disposed of as an innocuous order without notice to the second opposite party.
Summary
The applicant, Ajay Dubey, filed an application under Section 529 of the Code of Criminal Procedure seeking a direction to the trial court to expedite a pending complaint (Case No. 4078 of 2024) filed under Section 138 of the Negotiable Instruments Act. The applicant argued that the case had been pending for an inordinate period without reaching a conclusion. The State, represented by the learned Additional Government Advocate, raised no objection to expediting the matter. The High Court, noting the prolonged pendency, directed the trial court to decide the complaint within six months of receiving the certified copy of the order, barring any legal impediments and without undue adjournments. The application was disposed of as an innocuous order without issuing notice to the second opposite party, with a liberty to approach the court if aggrieved.
Issues considered
- Whether the trial court should be directed to decide a pending Section 138 NI Act case expeditiously under Section 529 CrPC.
- Whether notice to the second opposite party is required before disposing of the application.
Legislation cited
- Code of Criminal Procedure — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138 NI Act
- expeditious trial
- Section 529 CrPC
- pendency
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2271 of 2026
Ajay Dubey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhaiya Lal Yadav, Dinesh Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Nitish Yadav, learned Advocate holding brief of Sri B.L.
Yadav, 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 trial court to decide the "Complaint Case No. 4078 of 2024
(Ajay Dubey Vs. Vikash Yadav) Under Section- 138 of Negotiable
Instruments Act, 1881, Pending in the Court of A.C.J., N.I. Act- 2,
Allahabad
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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