Naba Kumar Dutta v. Nayan Chattopadhyay And ANR

C.R.R. 659 of 2021 Court No.

Item 9 ssi In the matter of:- Naba Kumar Dutta 05.03.

Ms. Pampa Dey (Dhabal) Ms. Sangita Banerjee ... for the petitioner This is an application praying for stay of the warrant of arrest issued against the petitioner in a case under Section 138 of the Negotiable Instruments Act. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case, which was started in 2016. The petitioner has been regularly attending the Court. On 18.11.2019, an adjournment petition was filed on behalf of the accused-petitioner annexing medical documents.

However, the same was rejected and a warrant of arrest was issued. Subsequently, due to onset of the Covid-19 pandemic, the petitioner could not take appropriate steps to address the issue. The warrant of arrest has remained pending. The petitioner wants to join the proceeding at the earliest.

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 the petitioner is directed to join the proceeding at the earliest. In view of the above and in the interest of justice, I direct that the warrant of arrest issued against the accused-petitioner shall remain stayed for a period of four weeks from this date. The petitioner shall surrender before the learned trial Court within such time and in the event he surrenders within time and prays for bail, the application for bail shall be considered in accordance with law.

Thereafter, the learned trial Court shall conclude the proceeding as expeditiously as possible.

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.)