NA529/4413/2026 of ASHOK KUMAR MAURYA Vs STATE OF U.P. AND ANOTHER on 5 October 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4413 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. This application under Section 529 BNSS has been filed seeking direction to the court concerned to decide the Case No. 147 of 2021 (Ashok vs. Stralian), under Section 138 of Negotiable Instruments Act, 1881, pending before the learned Civil Judge (Junior Division), Ballia, expeditiously within stipulated period. As per submission of learned counsel for the applicant, a complaint dated 12.1.2021 was filed by the applicant against the opposite party no. 2 under Section 138 of N.I. Act. It is submitted that learned ACJM, Ballia registered the case bearing Case No. 147 of 2021 and summoned the opposite party no. 2 on 9.3.2021. Since then, the matter is pending before the court concerned. Therefore, a substantial period of time has already lapsed. Here, it is relevant to note that Section 143(2) and 143(3) of the Negotiable Instruments Act, 1881 provides that:- "(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. Versus Counsel for Applicant(s) : Muni Raj Goswami, Shyamdhar Pandey Counsel for Opposite Party(s) : G.A. Ashok Kumar Maurya .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint." Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court concerned to decide the aforesaid complaint case and conclude the trial in accordance with law, keeping in view the procedure, as expeditiously as possible, within six months, without granting any unnecessary or long adjournments to either of the parties, as per the provision of Section 143(2) and (3) of the N.I. Act, from the date of presentation of a certified copy of this order before the court, if there is no other legal impediment. October 6, 2026 Brijesh NA529 No. 4413 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad