Allahabad High Court
MUKESH VERMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the Section 138 complaint within six months and to avoid unnecessary adjournments.
Summary
The applicant Mukesh Verma filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction that the Additional Chief Judicial Magistrate, Court No. 3, Meerut, decide a pending complaint (Case No. 2329 of 2026) under Section 138 of the Negotiable Instruments Act without undue delay. The High Court noted that the case had been pending since 2026 and, without addressing the merits, ordered that the magistrate dispose of the complaint within six months, produce a certified copy of the order, and refrain from granting unnecessary adjournments. The direction was issued to ensure expeditious justice. The application was consequently disposed of as a final order.
Issues considered
- Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita empowers the High Court to direct a magistrate to decide a pending criminal complaint within a specified time frame.
- Whether the High Court can impose a limitation on adjournments to ensure speedy disposal of a Section 138 Negotiable Instruments Act case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- case management
- speedy trial
- adjournments
- Negotiable Instruments Act
- Section 138
- magistrate jurisdiction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4765 of 2026
Mukesh Verma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Indra Deo Mishra, Pankaj Kumar Tiwari,
Pradeep Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Ms. Soniya Dwivedi, Advocate holding brief of Shri Indra Deo
Mishra, learned counsel for the applicant, Shri A.K. Rai, learned A.G.A. for
the State and perused material on record.
The present application under Section 529 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a
direction to the Additional Chief Judicial Magistrate, Court No. 3, Meerut to
decide the Complaint Case No. 2329 of 2026, under Section 138 of
Negotiable Instruments Act, Police Station Pallavpuram, District Meerut
within stipulated period.
Considering the fact that the case is pending since 2026, without expressing
any opinion on the merits of the case, this application is finally disposed of
with a direction to the Additional Chief Judicial Magistrate, Court No. 3,
Meerut to decide the aforesaid case in accordance with law, as expeditiously
as possible, preferably within a period of six months, after production of
certified copy of the order, without granting any unnecessary or long
adjournments to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
September 17, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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