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Allahabad High Court

PRAMOD KUMAR TYAGIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the trial court to decide the pending case within six months and disposed of the application.

Summary

The applicant, Pramod Kumar Tyagi, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of his pending complaint under Section 138 of the Negotiable Instruments Act (Case No. 1215 of 2024) before the Additional Chief Judicial Magistrate, Sadabad. The matter was at the stage of bailable warrant and had not yet reached a conclusion. The State, represented by the Additional Advocate General, raised no objection to the applicant's request. The learned High Court, after hearing counsel, directed the trial court to decide the case within six months of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. Consequently, the application was disposed of with the said direction.

Issues considered

  • Whether the trial court should be directed to dispose of the pending Section 138 NI Act complaint expeditiously

Legislation cited

Subjects

  • Criminal Procedure Code
  • Negotiable Instruments Act
  • Section 529
  • Section 138
  • expedited disposal
  • court direction

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2364 of 2026

                                    Pramod Kumar Tyagi
                                                                                                   .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)      : Ajay Tripathi, Ashutosh Shukla, Siblu
                                                                    Panday
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 84
                                                       HON'BLE PRASHANT MISHRA-I, J.

                                    1. Heard learned counsel for the applicant and learned A.G.A. representing
                                    the State and perused the record.

                                    2. The instant application has been preferred by the applicant with a prayer
                                    for expeditious disposal of Complaint Case No. 1215 of 2024 (Pramod
                                    Kumar Tyagi Vs. Anand J.P.), under Section 138 N.I. Act, Police Station
                                    Sadabad, District Hathras, pending in the court of learned Additional Chief
                                    Judicial Magistrate, Sadabad, District Hathras, within stipulated time.

                                    3. Learned counsel for the applicant submitted that the matter is pending at
                                    the stage of B.W. and the same has not culminated to its logical conclusion.

                                    4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.

                                    5. In view of the above, it is directed that the learned trial court concerned
                                    shall make all endeavour to decide the aforesaid 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 impediment, without granting
                                    unnecessary adjournments to either of the parties.

                                    6. With the aforesaid direction, this application is disposed of.



                                                                                           (Prashant Mishra-I,J.)
                                    May 12, 2026
                                    Kashifa




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

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