Binay Singh v. Daliya Chakraborty

NB 01.03.2022 CRR 601 of 2022 Ct. No. 39 In the matter of:- Binay Singh ...petitioner Mr. Ayan Basu, Mr. Debaki Nandan Maiti, Mr. Sumit Routh.

...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 filed the instant petition of complaint under Section 138 of the Negotiable Instruments Act on 28.08.2020. Subsequently, the accused appeared and was granted bail. Several dates were fixed for taking plea but on some of the pretext of the other, the same could not be done. The present proceeding has remained pending for no fault on the part of the present petitioner. In the interest of justice, a direction may be passed to expedite the proceeding.

I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition. There are certain statutory stipulations for an expeditious disposal of a proceeding under Section 138 of the Negotiable Instruments Act. It appears that the petition of complaint was filed on 28.08.2020. Yet, till date the proceeding could not be concluded. Even plea could not be recorded yet.

In view of the above and in the interest of justice, the learned Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties taking necessary measures to secure the attendance of the accused, preferably

within a period of six months from the next date of hearing. With the above 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.)