Allahabad High Court
M/S GURUDEV AUTO MOBILES THROUGH ITS PROPRITOR DINESH KUMAR RAJPOOTversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court held that without exceptional circumstances it cannot compel a trial court to decide a case within a stipulated period, though it may order the trial to be conducted expeditiously without unnecessary adjournments.
Summary
M/s Gurudev Auto Mobiles, through its proprietor, filed an application under Section 529 of the Code of Civil Procedure seeking a direction to the Chief Judicial Magistrate, Jalaun, to expedite the trial of a complaint filed under Section 138 of the Negotiable Instruments Act (Complaint No. 22 of 2024). The High Court examined whether it could compel the lower court to decide the case within a stipulated period in the absence of any exceptional circumstances. Noting the large pendency of cases before the trial court, the Court observed that no such exceptional circumstances existed. Consequently, the Court declined to impose a fixed timeline but directed the trial court to conduct the trial as expeditiously as possible, avoiding unnecessary adjournments. The application was thereafter disposed of without granting the specific relief sought.
Issues considered
- Can the High Court, under Section 529 CPC, direct a lower criminal court to decide a pending case within a stipulated period in the absence of exceptional circumstances?
- Does the presence of a backlog justify refusal to impose a strict timeline for the trial of a Section 138 NI Act complaint?
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
- Code of Criminal Procedure, 1973 — s. 143(1)
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- expeditious trial
- Section 138 NI Act
- Section 529 CPC
- adjournments
- court backlog
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4641 of 2026
M/S Gurudev Auto Mobiles Through Its Propritor
Dinesh Kumar Rajpoot .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicant as well as learned A.G.A. for the
State and perused the material on record.
The present application has been filed by the applicant with a prayer to allow
this application and direct the learned trial court to expedite the trial of
Complaint No. 22 of 2024 ( M / s Gurudev Auto Mobiles vs. M/s Krishna
Infra Solutions Pvt. Ltd.) U/s 138 N.I. Act, Police Station Kotwali Orai,
District Jalaun, pending in the court of Chief Judicial Magistrate, Jalaun At
Orai, within stipulated time period.
It is submitted by learned counsel for the applicant that he is complainant
and filed a complaint under Section 138 N.I. Act is pending before the
learned court from the year 2024 but it has not been decided till now,
therefore, request to direct the learned trial court to proceed with the case
and decide the case expeditiously within a stipulated period of time.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case and submissions made
by learned counsel for applicant as well as learned A.G.A. and perusal of
record, the order sheet of the case, it appears that after summoning order the
accused has appeared before the learned court on an application under
Section 143(1) on the part of complainant filed before the learned court that
is pending for hearing for disposal. In the circumstances of the case, keeping
in view large number of cases pending before the learned trial court it cannot
be directed to decide the case within a stipulated period of time unless there
are exceptional circumstances those are lacking in the present case.
However, it is expedient to direct the learned trial court to proceed with the
case, as expeditiously as possible, in accordance with law, without granting
NA529 No. 4641 of 2026
2
any unnecessary or long adjournments to either of the parties, if there is no
other legal impediment.
With the aforesaid directions, the present application under Section 529
B.N.S.S. stands disposed of finally.
September 29, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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