Allahabad High Court
VARUN SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The application is disposed; the High Court only directs the trial court to proceed expeditiously without imposing a fixed deadline.
Summary
Varun Singh filed a complaint under Section 138 of the Negotiable Instruments Act on 17‑12‑2024 against Manish Chaturvedi. A summons was issued on 11‑03‑2025 and the case remains pending before the Chief Judicial Magistrate, Court No. 6, Ghazipur. The applicant moved the High Court under Section 529 of the BNSS Act seeking a direction that the trial be concluded within a stipulated period, invoking the six‑month period prescribed in Section 143(3) of the NI Act. The High Court observed that evidence of the prosecution witness had been recorded on 23‑12‑2025 and further dates were fixed, and noted the heavy pendency of cases before the trial court. It held that, absent any exceptional circumstances, the court could not impose a rigid deadline but could only urge the trial court to proceed expeditiously and avoid unnecessary adjournments. Accordingly, the application was disposed without ordering a specific time‑frame.
Issues considered
- Whether the High Court can direct a Judicial Magistrate Court to conclude a Section 138 NI Act case within a stipulated period under Section 529 of the BNSS Act.
Legislation cited
- BNSS Act — s. 529
- Negotiable Instruments Act, 1881 — s. 138, 143(3)
Subjects
- Section 138 NI Act
- trial delay
- expeditious trial
- Section 529 application
- judicial discretion
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4725 of 2026
Varun Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Singh
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 Chief Judicial Magistrate, Court
No. 6, Ghazipur to decide the Case No. 59610 of 2024 (Varun Singh Vs
Manish Chaturvedi) u/s 138 of Negotiable Instruments. Act. at P.S. Mardah,
Ghazipur pending in the Court of Judicial Magistrate Court No. 6, Ghazipur,
to conclude the trial expeditiously within some stipulated period.
It is submitted by learned counsel for the applicant that he is complainant
and filed a complaint under Section 138 N.I. Act on 17.12.2024 and
summoning order was passed on 11.03.2025. Since then the case is still
pending before the learned trial court and till now it has not been decided,
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 after summoning order passed by the
learned trial court the opposite party/accused appeared before the learned
court and evidence of P.W. 1 has also been recorded on 23.12.2025 and
further dates have been fixed for cross-examination. It shows that no any
laxity or reluctance on the part of learned trial court though under Section
NA529 No. 4725 of 2026
2
143(3) of aforesaid Act the case is expected to be concluded within a period
of six months from the date of filing of complaint but in view of pendency of
large number of cases 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. In the
circumstances of the case, it is expedient to direct the learned trial court to
make its endeavour to proceed with the case and decide it as expeditiously as
possible in accordance with law without granting any unnecessary or long
adjournments to either of the parties in accordance with law, if there is no
other legal impediment.
Accordingly, this application u/s 529 B.N.S.S. is disposed of.
September 23, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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