Smt Rekha Singh v. State Of West Bengal And ANR

NB 28.04.2022 CRR 1271 of 2022 Ct. No. 39 In the matter of:- Rekha Singh ...petitioner Mr. Amitabha Ghosh, Ms. Nabanita Chatterjee, Sk. Sujauddin.

...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. She filed a petition of complaint on 02.07.2019. Despite there being a stipulation for concluding the proceeding under Section 138 of the Negotiable Instruments Act within a stipulated time, till date even plea could not be recorded. Accused have taken numerous adjournments. The matter 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 to expedite the proceeding.

There is indeed a statutory stipulation for concluding the proceeding expeditiously under Section 138 of the Negotiable Instruments Act.

It is unfortunate that for a complaint case that was filed in July, 2019, till date even the plea could not be recorded. In view of the above and in the interest of justice, the learned Court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of six months from the next date of hearing.

With the above 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.)