Allahabad High Court
NIRMAL MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AJAY KUMAR II
Holding
The application under Section 529 is dismissed as withdrawn, with liberty to file the certified copy of the order dated 27‑04‑2026.
Summary
The applicant, Nirmal Mishra, filed an application under Section 529 of the Negotiable Instruments Act seeking the trial court to expedite a complaint under Section 138 of the same Act pending before the Additional Chief Judicial Magistrate, Farrukhabad. The trial court had earlier directed the accused, Sartaj, to appear within a month and consider compounding the offence, with a maximum period of four months for further steps, and barred coercive measures for five months. The applicant’s counsel argued that the accused had not complied and the five‑month period was about to expire, and therefore sought to withdraw the application while filing a certified copy of the earlier order. The opposite party’s counsel had no objection to dismissing the application as withdrawn. The High Court accepted the withdrawal and dismissed the application, granting liberty to file the certified order. No substantive merits of the Section 138 complaint were addressed.
Issues considered
- Whether the application under Section 529 can be dismissed as withdrawn with liberty to file the certified order
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138, 528, 529
Subjects
- Section 138 NI Act
- Section 529 application
- compounding offence
- withdrawal of application
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 3939 of 2026
Nirmal Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. C.P. Tiwari, learned counsel for the applicant, learned
A.G.A. for State and perused material on record.
2. The present application has been filed by the applicant with prayer to
direct the learned trial court to decide/expedite the Complaint Case No.
901 of 2025, New Case No. 8398 of 2025 (Nirmal Mishra vs. Sartaj)
under Section 138 Negotiable Instruments Act, 1881, P.S. Kotwali
Fatehgarh, District Farrukhabad, pending before Additional Chief Judicial
Magistrate, Farrukhabad.
3. A perusal of record reveals that accused and opposite party no. 2 Sartaj
have approached this Court by means of application under Section 528
BNSS No. 48860 of 2025 and this Court disposed of the aforesaid
application vide order dated 27.4.2026 directing the accused to appear
before the Court below within a period of one month from today through
his counsel and move an application seeking compounding offence
through compromise and deposit 10% of cheque amount. This Court also
directed that in case said application is moved, the concerned Court may
take adequate steps in accordance with law and shall provide further
opportunity to the accused which shall not exceed maximum period of
four months from the date of order dated 27.4.2026. It was also
specifically directed that if the applicant does not appear before the trial
Court for compounding of offence through compromise, then he is
required to appear and face trial and Court shall be at liberty to proceed in
accordance with law against accused and take all necessary steps and
measures to procure his attendance as the law permits. Till the aforesaid
NA529 No. 3939 of 2026
2
period of five months or till the decision given in the light of application,
whichever is earlier, it was directed that no coercive measures shall be
adopted against the accused.
4. Learned counsel for applicant submits that accused- respondent no. 2
has not yet appeared before the trial Court in compliance of order of this
Court dated 27.4.2026 and period of five months are going to expire on
26.09.2026. Therefore at this stage, learned counsel for applicant wants to
withdraw present application with liberty to file certified copy of order
dated 27.4.2026 before the court concerned.
5. Learned A.G.A. has no objection if this case is dismissed as withdrawn
with the aforesaid liberty.
6. Accordingly, the present application is dismissed as withdrawn with
aforesaid liberty.
(Dr. Ajay Kumar-II,J.)
September 8, 2026
Dhirendra/
Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad
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