NA529/5261/2026 of PRADEEP KUMAR GUPTA Vs STATE OF U.P. AND ANOTHER on 4 October 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 5261 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. Heard Sri Abhishek Krishna, 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 conclude the cross-examination of P.W.1 at the earliest as well as for early disposal of Complaint Case No. 1302 of 2023 (Pradeep Kumar Gupta Vs. Jiut Seth), under Section 138 of the Negotiable Instruments Act, Police Station Kapsethi, District Varanasi, expeditiously within a stipulated period. Learned counsel for the applicant submits that the aforesaid case is pending since 11.04.2023, i.e., for the last three and half years and the proceedings are still pending at the stage of cross-examination of P.W.1. From the order sheets, it is evident that since 01.05.2026, repeatedly dates are being fixed for cross-examination of P.W.1; however, till date, the cross-examination of P.W.1 has not been concluded. It is further submitted that as per Section 143(3) of the Negotiable Instruments Act, 1881, every trial should be disposed of within a period of six months from the date of filing of the complaint. Considering the facts and circumstances of the present case, the court concerned is directed to make all endeavours to concluded the cross-examination of P.W.1 at the earliest and to decide the aforesaid case as per Section 143 (3) of the Negotiable Instruments Act, after giving opportunity of hearing to both the parties, without giving any unnecessary adjournments to either parties, if there is no other legal impediment in deciding the aforesaid case. With the aforesaid observations, the instant application is finally disposed of. October 5, 2026 KK Patel Versus Counsel for Applicant(s) : Abhishek Krishna Counsel for Opposite Party(s) : G.A. (Jai Prakash Tiwari,J.) Pradeep Kumar Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad