Allahabad High Court
AMIT GUPTAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Court‑Ist, Agra to decide the pending Section 138 complaint within six months, without unnecessary adjournments.
Summary
The applicant, Amit Gupta, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Additional Court‑Ist, Agra to dispose of a pending complaint (Case No. 3831 of 2020) filed under Section 138 of the Negotiable Instruments Act. The complaint had been pending since 2020. The High Court, after hearing counsel for both sides, noted the undue delay but did not opine on the merits of the underlying criminal complaint. It issued a direction that the Additional Court‑Ist, Agra must decide the case as expeditiously as possible, preferably within six months, and refrain from granting unnecessary adjournments, provided no other legal impediment exists. The application was therefore disposed of with the said direction.
Issues considered
- Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the High Court to direct a lower court to dispose of a pending criminal complaint within a specified time frame.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- BNSS 2023
- Section 138
- Negotiable Instruments Act
- judicial delay
- expeditious disposal
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4929 of 2026
Amit Gupta
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashwani Kumar Mishra, Sandeep
Kumar Keshari
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ashwani Kumar Mishra, learned counsel for the applicant,
Shri Madhvendra Pratap Singh, learned A.G.A. for the State and perused
material on record.
The present application under Section 529 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a
direction to the Additional Court-Ist, Agra to decide the Complaint Case
No. 3831 of 2020, under Section 138 of Negotiable Instruments Act,
Police Station Sikandra, District Agra, within stipulated period.
Considering the fact that the case is pending since 2020, without
expressing any opinion on the merits of the case, this application is finally
disposed of with a direction to the Additional Court-Ist, Agra to decide
the aforesaid case in accordance with law, as expeditiously as possible,
preferably within a period of six months, after production of certified
copy of the order, without granting any unnecessary or long adjournments
to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
(Sanjay Kumar Pachori,J.)
September 17, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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