Calcutta High CourtCRR/397/2021disposed

Jai Kumar Karnani v. M/S. Harkishan Dass Ram Kishan And ORS

2021-02-19Hon'Ble Justice Jay Sengupta2 pages

C.R.R. 397 of 2021 Court No.

Item 24 ssi 19.02.

In the matter of:- Mr. Jai Kumar Karnani Mr. Sandipan Ganguly Mr. Manas Dasgupta Mr. Asim Chatterjee ...for the petitioner This is an application seeking an expeditious disposal of a complaint case under Sections 138 and 141 of the Negotiable Instruments Act.

Learned senior counsel appearing on behalf of the complainant-opposite party submits as follows. The case relates to dishonor of a cheque for a sum of Rs. 1,20,00,000/- (Rupees One Crore Twenty Lakhs Only). Although a proceeding was initiated as far back as in 2017 and process was issued in 2018, till date the proceeding could not be concluded. In the meantime, the accused-opposite parties sought to settle the matter and accordingly, an understanding was arrived at. However, the accused did not comply with the terms and did not pay any sum. However, on this ground, they took adjournments on several dates. The plea was recorded on 04.01.2019 and thereafter, the matter has remained pending on some pretext or the other. The petitioner is not responsible for the delay caused in the proceeding.

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

No prejudice will be caused to any one if a direction is passed to expedite the proceeding.

It appears that some delay has been caused in concluding the proceeding.

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 and keeping in view the statutory stipulation regarding expeditious disposal of a proceeding under the Negotiable Instruments Act.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)