Maithan Alloys Ltd v. Agarwal Mittal Concast Pvt. Ltd And ORS

rkd 15.03.2021 Ct. no.32 C.R.R. 780 of 2021 In the matter of: Maithan Alloys Limited ....petitioner.

Mr. S. Ganguly ...for the petitioner.

This is an application seeking an expeditious disposal of a proceeding under Sections 138 and 141 of the Negotiable Instruments Act.

Learned senior Counsel appearing on behalf of the petitioner submits as follows. The petitioner is the complainant in this case. The complainant had initiated the proceeding as far back as in February, 2020. Cognizance of the offences was taken on 04.02.2020 and process was issued on 19.02.2020. In spite of these, the proceeding has remained pending for no fault of the part of the present petitioner. Long dates are being fixed. In fact, on the last occasion, the next date was fixed nearly after five months. Appropriate direction may be passed to conclude the proceeding in terms of Section 143(3) of the Negotiable Instruments Act.

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

No prejudice will be caused to anyone, if a direction is passed to expedite the proceeding.

Although there is a stipulation to conclude the proceeding within a particular period of time, it is also true that the Covid-

19 pandemic had set in in the meantime. As such, the learned Trial Court could not be faulted for a delay caused in the impugned proceeding.

However, in view of the stipulation contained in Section 143(3) of the Negotiable Instruments Act, 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 mind the statutory stipulation for completion 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.)