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Calcutta High CourtCRR/1089/2024disposed

Malay Kumar Majumdar v. Bikash Kumar Gayen @ Bikash Gayen

2024-03-19Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1089 of 2024 D/L91 19.03.2024 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Sri Malay Kumar Majumdar

Versus

Mr. Bikash Kumar Gayen @ Bikash Gayen Mr. Saurabh K Guhathakurata Ms. Nilanjan Sarkar Mr. Surajit Dutta.

...for the petitioner.

Learned Metropolitan Magistrate, 18th Court, Calcutta in seisin of CS/71726 of 2022 under Section 138 of the Negotiable Instruments Act is directed that as the petitioner is without any remedy for a considerable period of time and the examination under Section 251 of the Code of Criminal Procedure is yet to be recorded as the accused has been evading the court by adopting dilatory tactics to conclude the examination under Section 251 of the Code of Criminal Procedure on 30th April, 2024 or within a fortnight thereafter.

Learned Magistrate will thereafter consider the application under Section 143A of the Negotiable Instruments Act, if so preferred at the instance of the complainant and thereafter fix one date in a month to conclude the trial at the earliest. With the aforesaid observations, CRR 1089 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)