Allahabad High Court
MOOL CHANDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending Section 138 case expeditiously, preferably within six months, and to avoid unnecessary adjournments.
Summary
The applicant, Mool Chand, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate, Court No. 3, Jaunpur, to dispose of a pending complaint (Case No. 14455 of 2022) under Section 138 of the Negotiable Instruments Act, 1881. The complaint, relating to a dishonour of a negotiable instrument, had remained unresolved since 2022. The High Court, after hearing counsel for both parties, noted the undue delay but refrained from commenting on the merits of the underlying criminal case. It directed the magistrate to decide the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments, subject to the production of a certified copy of the order. No other legal impediment was identified. The application was therefore disposed of with the aforesaid direction.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, direct a lower magistrate to dispose of a pending criminal case within a specified time frame.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 529
- Bhartiya Nagrik Suraksha Sanhita
- Section 138
- Negotiable Instruments Act
- delay in criminal proceedings
- expeditious disposal
- magistrate direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4784 of 2026
Mool Chand
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Singh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Amar Singh Yadav, learned counsel for the applicant, Shri Rahul
Pandey, learned brief holder 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, Jaunpur to
decide the Complaint Case No. 14455 of 2022, under Section 138 of
Negotiable Instruments Act, 1881, Police Station Sarai Khwaja, District
Jaunpur, within stipulated period.
Considering the fact that the case is pending since 2022, 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,
Jaunpur 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 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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