Allahabad High Court
RAHUL KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court held that without exceptional circumstances, it cannot order the trial court to decide the case within a stipulated period, though it may direct the court to avoid unnecessary adjournments.
Summary
The applicant Rahul Kumar filed an application under Section 529 of the B.N.S.S. seeking an order directing the trial court to expedite a pending complaint under Section 138 of the Negotiable Instruments Act, 1881, which had been listed since July 18, 2025. The applicant argued that the case had not been decided and requested a mandated timeline for final disposal. The State opposed the prayer, contending no exceptional circumstances justified such a direction. The High Court observed that, given the large docket and absence of any special circumstances, it could not compel the trial court to decide the matter within a stipulated period, though it urged the trial court to avoid unnecessary adjournments and proceed in accordance with law. Consequently, the application under Section 529 was disposed without granting the specific expeditious trial order.
Issues considered
- Whether the trial court can be directed to decide a pending Section 138 NI Act case within a stipulated period under Section 529 of the B.N.S.S. in the absence of exceptional circumstances.
Legislation cited
- B.N.S.S. — s. 529
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- expeditious trial
- Section 529
- Section 138
- Negotiable Instruments Act
- adjournments
- pending cases
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4811 of 2026
Rahul Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Bahadur Singh, Vijaya Upadhyay
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 trial court for expeditious trial
under section 529 of B.N.S.S. of the Complaint Case No. 2124 of 2025,
titled as Rahul Kumar Versus Anshuman Rai under Section 138 of N.I. Act,
1881 before the Additional Chief Judicial Magistrate, Court No.11,
Azamgarh, Police Station Bilariyaganj, Azamgarh 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 18.07.2025 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, the order sheet of the case and in view of 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 make its endeavour to proceed with the case in
accordance with law without granting any unnecessary or long adjournments
NA529 No. 4811 of 2026
2
to either of the parties, if there is no other legal impediment.
Accordingly, this application u/s 529 B.N.S.S. is disposed of.
September 30, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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