Cart Infralog Limited v. M/S Morrex Logistics Private Limited And ORS.

18.5.2026 24.

BD CRR 974 of 2026 Cart Infralog Limited Vs.

M/s. Morrex Logistics Private Limited & Ors.

Mr. Anirban Dutta Mr. Rhitam Chatterjee ...for the Petitioner In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of Complaint Case No. 1451 of 2024 registered under section 138 read with section 141 of the Negotiable Instruments Act, presently pending before learned Judicial Magistrate 1st Court, Alipore.

Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner submits that on May 17, 2024 the complaint case was filed and thereafter process was issued after examining the complainant's witnesses on 06.09.2024. Thereafter, the accused persons appeared before the Court on 16.11.2024 but thereafter he remained absent from court by filing absent petitions. He further submits that the petitioner initially filed one application challenging maintainability of the proceeding but thereafter it was not pressed by the accused. Again, the accused person sought for time to file maintainability application afresh and the court below by an order dated 07.05.2026 allowed the accused person's prayer and granted them time to file application challenging maintainability and the next date was fixed on 08.06.2026.

Learned counsel for the petitioner submits that the accused persons are intentionally avoiding the process of the court and they are dragging the proceeding at the indulgence of the court below and therefore he prayed for a direction upon the court below for expeditious disposal of the complaint case.

Having heard learned counsel for the petitioner it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with.

Having considered the submission made on behalf of the petitioner and after going through the certified copy of order sheet as well as the trial court record, it appears that the prayer made by the petitioner is justified in view of the fact that section 143(3) of the N.I. Act, clearly stipulates a period of time by which such application is to be disposed of.

In view of the above, the instant application being CRR 974 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour to conclude the entire proceeding being Complaint Case No. 1451 of 2024 preferably within a period of six months from the next date of hearing.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)