Allahabad High Court
LAL BAHADURversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court cannot impose a fixed time limit absent exceptional circumstances, but may direct the trial court to conduct the proceedings expeditiously.
Summary
The applicant filed an application under Section 529 of the BNSS Act seeking a direction to the Civil Judge (J.D.)/J.M. Court No. 2, Siddharth Nagar, to decide a pending Section 138 Negotiable Instruments Act case (Complaint No. 5666 of 2026) at an early date. The applicant argued that the accused had been released on bail and the matter should be concluded within a stipulated period. The State opposed the prayer. The High Court observed that, given the large pendency of cases before the trial court and the absence of any exceptional circumstances, it could not impose a fixed time limit. However, the Court directed the trial court to proceed with the case as expeditiously as possible without unnecessary adjournments. The application under Section 529 BNSS was therefore disposed of.
Issues considered
- Whether the High Court can direct a lower court to decide a pending Section 138 NI Act case within a stipulated time under Section 529 BNSS.
Legislation cited
- B.N.S.S. Act — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 Negotiable Instruments Act
- Section 529 BNSS
- expeditious trial
- adjournments
- high court direction
- bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4817 of 2026
Lal Bahadur
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Prakash Chaturvedi
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 Civil Judge ( J .D.)/J.M. Court
No. 2, Siddharth Nagar to decide Complaint case No. 5666 of 2026 (Lal
Bahadur Vs. Vinod Kumar Tiwari), under Section 138 of Negotiable
Instrument Act, Police Station Itwa, District Siddharth Nagar at an early
date, in accordance with law.
It is submitted by learned counsel for the applicant that an application under
Section 138 N.I. Act is pending before the learned trial court from
16.04.2026. He also submits that the accused persons appeared before the
learned trial court and were enlarged on bail, 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 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 proceed with the case, as expeditiously as possible, in
accordance with law, without granting any unnecessary or long
adjournments to either of the parties, if there is no other legal impediment.
NA529 No. 4817 of 2026
2
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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