Allahabad High Court
SANDEEP YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The application under Section 529 BNSS is disposed, with the applicant directed to seek the return of the original record from the revisional court and to proceed with the trial expeditiously.
Summary
The applicant, Sandeep Yadav, filed an application under Section 529 of the BNSS Act seeking a direction to the Special Judicial Magistrate, Ghazipur, to conclude a pending criminal case (Case No. 3480 of 2021) under Section 138 of the Negotiable Instruments Act. The case has been pending since April 12, 2021, with the accused having appeared, been released on bail, and subsequently absconded, leading to repeated adjournments and no final decision. The applicant also raised a Section 143A NI Act application, which was decided, followed by a criminal revision that was also disposed. The High Court observed that the original trial record is with the revisional court and directed the applicant to approach that court to obtain the record or for the trial court to write to the revisional court. The Court further instructed that the trial proceed expeditiously without unnecessary adjournments. Consequently, the application under Section 529 BNSS was disposed.
Issues considered
- Whether the High Court can direct the trial court to expedite the pending Section 138 NI Act case and order the return of the original record from the revisional court.
Legislation cited
- BNSS Act — s. 529
- Code of Criminal Procedure, 1973 — s. 244
- Negotiable Instruments Act, 1881 — s. 138, 143A
Subjects
- Section 138 NI Act
- Section 143A NI Act
- Section 529 BNSS
- trial delay
- bail
- adjournments
- record transfer
- revisional court
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4838 of 2026
Sandeep 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 a prayer to
allow this application and direct the learned court of Special Judicial
Magistrate, Ghazipur to conclude the trial of Case no. 3480 of 2021
(Sandeep Yadav vs. Bharat Singh), under Section 138 N.I. Act, Police
Station Kotwali Ghazipur, District Ghazipur within stipulated period.
It is submitted by learned counsel for the applicant that he is complainant in
complaint under Section 138 N.I. Act that is pending before the learned trial
court from 12.04.2021. He further submits that the summoning order was
passed by the learned court and the accused persons appeared before the
learned court and were enlarged on bail and case was fixed for prosecution
evidence under Section 244 Cr.P.C. but the accused became absent again
and is not appearing before the learned court, as a result charge/statement of
the accused could not be recorded before the learned court and except fixing
the dates case is not being decided, 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
and the order sheet, it appears that this complaint is pending before the
NA529 No. 4838 of 2026
2
learned court from 12.04.2021 and has not been decided till now. The
accused person also appeared before the learned court and was enlarged on
bail. Thereafter, an application under Section 143A N.I. Act was moved on
the part of complainant which was also decided by the learned court on
07.03.2025 against which criminal revision was filed and that was also
decided. The order sheet also shows that original record is not available with
the court of learned Magistrate but it is with the learned revisional court,
therefore, the applicant himself is hereby directed to move an application in
this regard before the learned revisional court to send back the original
record to the learned concerned court or the concerned court may write a
letter to the learned revisional court in this regard and then 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.
Accordingly, this application u/s 529 B.N.S.S. is disposed of.
September 29, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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