Allahabad High Court
PAWAN NAGARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application is dismissed as it has no merit.
Summary
The applicant filed a transfer application seeking to move a complaint under Section 138 of the Negotiable Instruments Act (Case No. 853 of 2023) from the Special Court in Gautambudh Nagar to another court. The applicant alleged that the trial court violated the mandatory six‑month disposal period under Section 143(2) of the NI Act and ignored a prior order directing a decision within four months. The trial court, however, had reserved the matter for order, granted the complainant liberty to argue, and subsequently fixed a hearing date of 5 September 2026. The High Court observed that the trial court was actively proceeding with the case and that the applicant had not shown any reasonable cause for seeking transfer. Consequently, the Court held that the transfer application lacked merit and dismissed it.
Issues considered
- Whether the trial court's delay in disposing of a Section 138 NI Act case violates the six‑month requirement of Section 143(2).
- Whether the applicant is entitled to a transfer of the criminal complaint despite the trial court's ongoing proceedings.
Legislation cited
- Negotiable Instruments Act — s. 138, 143(2)
Subjects
- Negotiable Instruments Act
- Section 138
- Section 143(2)
- transfer of criminal case
- court delay
- adjournment
- trial court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 562 of 2026
Pawan Nagar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Babboo Ram
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for applicant and learned AGA for the State.
2. The present transfer application has been filed for transfer of the
Complaint Case No. 853 of 2023 under Section 138 of Negotiable
Instruments Act, P.S. Badalpur, District Gautambudh Nagar, pending
before the Special Court under Section 138 of Negotiable Instruments
Act, Gautambudh Nagar to some other competent court.
3. It is submitted by learned counsel for applicant that applicant is
complainant and application was filed under the Negotiable Instruments
Act. Learned counsel for applicant by referring to para 13 of the
affidavit submits that instead of deciding the case within six months as
mandatory under Section 143(2) of N.I. Act, the trial court has stretch
upon the order despite the order dated 18.7.2025 of this Court for
deciding in four months Learned counsel for applicant has further relied
upon the order dated 17.7.2026 of the trial court, which is at page 28 of
the paper book, to submit that the trial court has reserved the case for
orders with liberty for argument to the parties.
4. It is to be seen that the trial court has fixed several dates and on
20.8.2026 trial court has waited for complainant/applicant for argument,
however, no adjournment application was sent till 2:15 P.M. and
subsequently, adjournment application was sent. Learned counsel for
applicant has stated that next date fixed is 5.9.2026.
TACR No. 562 of 2026
2
5. The submission of learned counsel for applicant is that applicant has no
hope of justice. The order dated 17.7.2026 in which trial court has
reserved the case for order and given liberty to complainant to argue the
case. However subsequently, trial court has fixed the date of hearing i.e.
5.9.2026 by order dated 20.8.2026.
6. Once the trial court has already fixed for hearing finally, applicant has
not approached this Court without any reasonable cause. The trial court is
endeavoring all efforts to decide the case, however, the applicant is not
co-operating with the trial court.
7. In view of aforesaid, the transfer application has no merit and is,
accordingly, dismissed.
(Vikram D. Chauhan,J.)
September 11, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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