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Calcutta High CourtCRR/756/2022disposed

Nirmala Bhattacharyya @ Bhattacharjee v. The State Of West Bengal And ANR

2022-03-14Hon'Ble Justice Jay Sengupta2 pages

C.R.R. 756 of 2022 Court No.

Item 11 Ssi In the matter of:- Smt. Nirmala Bhattacharyya @ Bhattacharjee 14.03.

Mr. Prantick Ghosh Mr. Siddhartha Sarkar ...for the petitioner This is an application seeking an expeditious disposal of a proceeding in a complaint case under Section 138 read with Section 142 of the Negotiable Instruments Act.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the complainant in this case. He had filed the petition of complaint in 2019. In January 2021, the accused finally appeared and plea was recorded. Thereafter, at least six days were fixed. Yet, not a single witness has been examined in this case. There is a statutory stipulation for concluding a proceeding under Section 138 of the N.I Act. But, the impugned proceeding has remained pending for no fault of the present petitioner. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition.

No prejudice will be caused to anyone if a

direction is passed to expedite the proceeding. It appears that although the petitioner filed a petition of complaint in 2019, till date the same could not be concluded.

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 copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. The parties shall act on the basis of copy of the order downloaded from the official website of this Court. (Jay Sengupta, J.)