Allahabad High Court
ARJUN YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The application is disposed of, with the Court directing the trial court to endeavour to decide the case expeditiously, though not imposing a strict deadline.
Summary
Arjun Yadav, the complainant in a criminal case under Section 138 of the Negotiable Instruments Act (Case No. 2502 of 2021), filed an application under Section 529 of the BNSS seeking a direction that the Special Judicial Magistrate, Ghazipur, conclude the trial within the period prescribed by Section 143(3) of the Negotiable Instruments Act. The State opposed the prayer. The Court observed that the original record had been sent to a revisional court, causing delay, and that the trial court’s heavy backlog precludes a strict deadline, but it nonetheless directed the trial court to endeavour to decide the case as expeditiously as possible in accordance with the law. The application was therefore disposed of.
Issues considered
- Whether the trial court can be directed to complete a pending case under Section 138 of the Negotiable Instruments Act within the time limit prescribed by Section 143(3) of the Act despite backlog and revisional court involvement.
Legislation cited
- Negotiable Instruments Act — s. 138, 143(3)
Subjects
- Negotiable Instruments Act
- Section 138
- Section 143(3)
- expedited trial
- application under Section 529
- court backlog
- revisional court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4818 of 2026
Arjun Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar, Pandey Balkrishna
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 prayer to allow
the present application and direct the learned Special Judicial Magistrate,
Ghazipur to conclude the trial of Case no. 2502 of 2021 (Arjun Yadav vs.
Bharat Singh), under Section 138 N.I. Act, Police Station Kotwali Ghazipur,
District Ghazipur within stipulated period of time.
It is submitted by learned counsel for the applicant that he is complainant in
the aforesaid case u/s 138 N. I. Act that is pending before the learned trial
court from the year 2021 and till now it has not been decided, therefore,
request to direct the learned trial court to proceed with the case and decide it
as expeditiously as possible within stipulated time period as provided u/s
143(3) of N. I. Act.
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 the provisions as contained u/s 143(3) N.I. Act, it
appears that in this case the original record was sent to the learned revisional
court, that is the reason case could not be decided till now. 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 however this case being
pending from the year 2021, it is expedient to direct the learned trial court to
make its endeavor to decide the case as expeditiously as possible in
accordance with law as provided u/s 143(3) N.I. Act.
NA529 No. 4818 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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