Allahabad High Court
NISCHHAL AGRAHARIversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The application under Section 529 BNSS is disposed, with a direction to the trial court to proceed expeditiously and avoid unnecessary adjournments.
Summary
The applicant, Nischhal Agrahari, filed an application under Section 529 of the BNSS seeking a direction to the Additional Chief Judicial Magistrate Court to decide a pending complaint under Section 138 of the Negotiable Instruments Act (Complaint No.1368 of 2023) expeditiously. The trial court had issued a summons on 10‑09‑2024, but the accused had not appeared, causing delay. The High Court examined the submissions of counsel for both parties and the case record. It observed that the delay was due to the accused’s non‑appearance and not any procedural lapse by the court. Consequently, the Court directed the trial court to proceed with the case without unnecessary adjournments and to ensure the accused’s presence, and disposed of the application.
Issues considered
- Whether the High Court can, under Section 529 of the BNSS, direct a lower court to expedite a pending Section 138 Negotiable Instruments Act case?
- Whether the trial court’s delay is attributable to the accused’s non‑appearance and warrants a directive for expeditious disposal?
Legislation cited
- B.N.S.S. — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 Negotiable Instruments Act
- Section 529 BNSS
- expedited trial
- accused non‑appearance
- adjournment
- high court direction
- procedural delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4644 of 2026
Nischhal Agrahari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dheeraj Kumar Dubey
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 u/s 529 B.N.S.S. has been filed with a prayer to
allow this application and direct the learned Additional Chief Judicial
Magistrate Court No.5 to decide the Complaint Case No.1368 of 2023
(Nischhal Agrahari versus Smt. Sarita Prajapati) under section 138
Negotiable Instruments Act, Police Station Kydganj, District Prayagraj
pending before Additional Chief Judicial Magistrate Court No.5, Prayagraj
expeditiously within stipulated period.
It is submitted by learned counsel for the applicant that a complaint filed
under Section 138 N.I. Act, that is pending before the learned trial court
from 2023 and has not been decided till now, therefore, request to direct the
learned trial court to proceed with the case and decide it finally within
stipulated time period.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by
learned counsel for the applicant as well as learned A.G.A., perusal of record
and the order sheet, it appears that summoning order was passed by the
learned trial court on 10.09.2024 and thereafter process was issued for
appearance of the accused and till now the accused has not appeared before
the learned court, therefore, proceedings could not be decided till now. In the
circumstances of the case, it is expedient to direct the learned trial court to
make its endeavour to proceed with the case expeditiously by adopting
appropriate procedure prescribed under the law to ensure presence of the
accused without granting any unnecessary or long adjournments to either of
the parties, if there is no other legal impediment.
NA529 No. 4644 of 2026
2
Accordingly, this application u/s 529 B.N.S.S. is disposed of.
September 29, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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