Bip Vision Recycling Solutions Pvt. Ltd v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Before:

The Hon'ble Mr. Justice Jay Sengupta C.R.R. 208 of 2021 Bio Vision Recycling Solutions Pvt. Ltd.

Vs.

State of West Bengal & Anr.

For the Petitioner :

Mr. Ramashis Mukherjee, Mr. Rameshwar Sinha.

Heard on :

23.02.2021 Judgement on :

23.02.2021 Jay Sengupta , J. :

1.

This is an application seeking an expeditious disposal of a proceeding under Section 138 of the Negotiable Instruments Act. 2.

Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is the complainant in this case. The present proceeding was initiated in 2017. On several occasions, the matter was adjourned at the behest of the accused/opposite party. Once a warrant of arrest had to be issued. The accused would subsequently appear and have the warrant of

arrest recalled. In this manner, the impugned proceeding has remained pending for no fault on the part of the present petitioner. This is despite the fact that earlier on 14.06.2019 in CRR 1248 of 2019, this Court passed a direction upon the learned Trial Court to dispose of the case as expeditiously as possible.

3.

I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition. 4.

No prejudice will be caused to anyone if a direction is passed for an expeditious disposal of the case.

5.

It appears that some delay has been caused in concluding the impugned proceeding, especially in view of the statutory stipulation contained in Section 143(3) of the Negotiable Instruments Act regarding expeditious conclusion of a trial.

6.

It is also quite unfortunate that an earlier direction of this Court was not adhered to.

7.

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 8.

With these observations, the revisional application is disposed of. 9.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.) Sl. 30/NB