Allahabad High Court
SMT SANTOSH SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court directed the trial court to decide the pending Section 138 case within six months, thereby disposing of the application.
Summary
The applicant, Smt. Santosh Singh, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to conclude a pending complaint under Section 138 of the Negotiable Instruments Act (case no. 17288 of 2021). The matter had been pending for a long period without reaching a logical conclusion. The State of U.P. raised no objection to expediting the trial. The High Court, noting the undue delay and in the interest of justice, ordered the trial court to decide the case within six months of the certified copy of the order, barring unnecessary adjournments. The application was disposed of as an innocuous order, with a provision for aggrieved parties to approach the court.
Issues considered
- Whether the trial court can be directed under Section 529 CrPC to expedite a pending Section 138 NI Act case?
- Whether such a direction is permissible without violating procedural safeguards?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- Criminal Procedure Code
- expeditious trial
- pendency
- application under Section 529
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2272 of 2026
Smt Santosh Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Tiwari, Kapil Kumar,
Nitika Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Sundar Singh, learned Advocate holding brief of Sri Kapil
Kumar 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 Learned Trial Court to conclude the trial of complaint case
no. 17288 of 2021 (Smt. Santosh Vs Rohan Lal Karana) under section
138 Negotiable Instrument Act, Police Station- Lal Kurti, District- Meerut
within stipulated time period pending in the court of Learned Civil Judge
(J.D.V.), F.T.C. District 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 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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