Suman Kalyan Choudhury v. Susanta Karmakar And ORS

Court No.

Item 8 tbsr 09.02.

CRR 99 of 2022 In the matter of:- Suman Kalyan Choudhury Mr. Abhik Sarkar .....for the petitioner This is an application seeking an expeditious disposal of a proceeding under Section 138 of the Negotiable Instruments Act.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the complainant in this case. The petition of complaint was filed as far back as in 2016. Out of 4 witnesses, 3 witnesses have already been examined.

But, the concerned Bank Manager has not yet been examined. The matter is getting adjourned on one pretext or the other.

This has caused severe prejudice to the complainant petitioner. The matter has remained pending for no fault of the present petitioner. I have heard submissions of the learned counsels appearing on behalf of the petitioner and have perused the revision petition.

No prejudice will be caused if a direction is passed to expedite the proceeding in the present case. It appears that the petition of complaint was filed in 2016.

It is true that in the meantime Covid 19 pandemic has set in. Yet, proceeding under Section 138 of the Negotiable Instruments Act has to be disposed of expeditiously taking into consideration the statutory stipulation about an early disposal as contained in the said Act.

In view of the above and in the interest of justice, I request the learned trial court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of six months from the next date of hearing.

With these observations, the revisional application is disposed of Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)