Allahabad High Court
RAMASHRAY SAHUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to dispose of the pending Section 138 NI Act case expeditiously within three months, subject to the absence of any legal hurdle.
Summary
The applicant, Ramashray Sahu, filed an application under Section 529 of the Negotiable Instruments Act before the Allahabad High Court seeking a direction to the Additional Chief Judicial Magistrate, Court No. 10, Azamgarh, to dispose of a pending complaint (Case No. 7324/2023) filed under Section 138 of the NI Act. He contended that the case had been pending for an inordinate period without reaching a logical conclusion. The State, represented by the Advocate General, raised no objection to expediting the matter. The High Court, after noting the pendency, ordered the trial court to decide the case within three months of receipt of the certified copy of the order, provided there is no legal hurdle, and to avoid undue adjournments. The application was consequently disposed of.
Issues considered
- Whether the High Court may, under Section 529 of the Negotiable Instruments Act, direct a lower criminal court to expedite disposal of a pending Section 138 NI Act case.
- Whether such a direction infringes upon the trial court’s discretion and procedural safeguards.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138, 529
Subjects
- Negotiable Instruments Act
- Section 138 NI Act
- Section 529
- expedited trial
- court direction
- adjournments
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2293 of 2026
Ramashray Sahu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manik Chandra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Manik Chandra 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 learned A.C.J.M., Court No. 10, Azamgarh to make disposal
of Complaint Case No. 7324/2023, Ramashray Sahu versus Manoj Kumar
Baranwal, under section 138 N.I. Act, Police Station- Devgaon, District-
Azamgarh.
Learned counsel for the applicant submitted that the 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 three 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 the instant application finally stands disposed of.
(Prashant Mishra-I,J.)
May 7, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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