Allahabad High Court
POONAM DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court held that no exceptional circumstances existed, so it could not compel a decision within the stipulated period, but it could direct the trial court to proceed expeditiously, preferably within one year.
Summary
Poonam Devi filed an application under Section 529 of the B.N.S.S. seeking a direction to the trial court to conclude a pending Section 138 Negotiable Instruments Act case (Complaint No. 17710 of 2023) against Arjun Singh. The applicant argued that the accused’s non‑cooperation and a non‑bailable warrant had caused undue delay. The State’s Additional Government Advocate raised no objection. The High Court observed that, absent exceptional circumstances, it could not compel the trial court to decide within the statutory time limit, but it could direct the trial court to expedite the proceedings and avoid unnecessary adjournments, setting a target of one year from the order. Consequently, the application was disposed of without a specific time‑bound directive.
Issues considered
- Whether the High Court can order the trial court to decide a Section 138 N.I. Act case within the stipulated time under Section 529 B.N.S.S.
- Whether the circumstances in the present case constitute ‘exceptional circumstances’ justifying such a direction
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- Section 529
- expeditious trial
- non‑cooperation of accused
- high court application
- adjournment
- pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4820 of 2026
Poonam Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj Kumar Srivastava, Pankaj Kumar
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 direct
the learned court of Civil Judge (Junior Division)/F.T.C.-Second/Judicial
Magistrate, Chandauli, to conclude the trial of Complaint Case No.17710 of
2023 (Poonam Devi Vs. Arjun Singh), under Section-138 of the Negotiable
Instruments Act, Police Station Balua, District Chandauli, pending before
him within stipulated period of time.
It is submitted by learned counsel for the applicant that in this case he is
informant and case u/s 138 N.I. Act is pending before the learned trial court
from the year 2023 and has not been decided till now on account non-
cooperation on the part of the accused. Further submitted that learned trial
court has also taken lenient view in this regard, therefore, request to direct
the learned trial court to decide the case within stipulated time period.
Learned A.G.A. has no objection in this regard.
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
and the order sheet, it appears that the accused/opposite party is not
appearing before the learned trial court that is the reason N.B.W. has also
been issued against him. In view of the huge pendency of the case before the
learned trial court, it cannot be directed to decide the case within stipulated
time unless there is exceptional circumstances which is lacking in the
present case. However, it is expedient to direct the learned trial court to
make its endeavour to proceed with the case expeditiously preferably within
a period of one year from the date of production of certified copy of this
NA529 No. 4820 of 2026
2
order by adopting procedure prescribed under the law, without granting any
unnecessary adjournment to either of the parties, if there is no legal
impediment.
Accordingly, this application is disposed of.
September 30, 2026
Ashok Gupta
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ASHOK KUMAR GUPTA
High Court of Judicature at Allahabad
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