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2026 DAILYLAW 6321 (ALL)

PAWAN NAGAR v. STATE OF U.P. AND ANOTHER

TACR/562/2026 · 2026-09-10

Vikram D Chauhan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 562 of 2026 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. Versus Counsel for Applicant(s) : Babboo Ram Counsel for Opposite Party(s) : G.A. Pawan Nagar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 11, 2026 D. Tamang TACR No. 562 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad