Ashok Kumar Agarwal v. Sanjay Kumar Khaitan & ANR

NB CRR 933 of 2020 16.12.2020 Ct. No. 32 In the matter of:- Ashok Kumar Agarwal ...petitioner Mr. Purnanish Gupta, Mr. J. K. Mukhopadhyay, Ms. Mary Datta ...for the petitioner.

This is an application seeking 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 instituted the instant complaint case in the year 2017. The accused/opposite party prayed for adjournments on several occasions. That is why the proceeding could not be concluded. On the last occasion, the cross-examination of PW1 was deferred. The proceeding has remained pending for no fault on the part 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 for an expeditious disposal of the proceeding.

It appears that despite the intervening stalling of regular functioning of the Court due to Covid-19 pandemic, some delay has been caused in conducting the proceeding, especially keeping in view the statutory stipulation regarding expeditious completion of a proceeding under Section 138 of the Code.

In view of the above and in the interest of justice, the learned Trial Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties and keeping in mind the statutory stipulation for an expeditious disposal of a

proceeding under the said Act.

With these 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.)