Priti Bansal @ Priti Agarwal v. State Of West Bengal And ANR

Court No.

Item 66 ssi 07.04.

C.R.R. 1520 of 2025 In the matter of:- Priti Bansal @ Priti Agarwal Mr. Satadru Lahiri Mr. Safdar Azam Mr. Syed Wasim Faruque Mr. Jyotirmoy Talukder ...for the petitioner Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in a complaint case under Section 138 of the Negotiable Instruments Act. During the entire proceeding, she has changed the learned advocate only once. Due to such change in advocate and the attending circumstances, she had prayed for adjournment for a day. It is also a fact that on a few earlier occasions, adjournments had to be sought by the petitioner on some urgent grounds. But, the learned trial Court closed the cross-examination of P.W.1 by the petitioner. The next date fixed for hearing on 09.04.2025.

The petitioner undertakes that in the event the petitioner is allowed to place her evidence before the trial Court, she will not seek any adjournment and shall continuously do the matter before the trial Court. If a direction is passed to serve notice on the complainant, further delay will be caused in the proceeding.

From the record it appears that earlier the petitioner has also moved an application under Section 410 of the Code and the same was rejected. Thereafter, she prayed for time before the trial Court, which was rejected and an order was passed to close crossexamination of P.W.1.. It is quite understandable that such dilatory tactics employed by a litigant could fairly prompt the trial Court to pass such orders as closing such examination or evidence.

However, in view of the undertaking given on behalf of the petitioner that no further adjournments will be sought on any ground and in view of the fact that right to cross-examine is a part of a fair right of hearing, I set aside the impugned order so far as the direction to close the cross-examination of P.W.1 by the petitioner is concerned and request the learned trial Court to conclude the proceeding by giving a day's opportunity to the petitioner to cross-examine P.W.1 on the next date of hearing i.e., on 09.04.2025 and thereafter, continue with the proceeding and dispose it of expeditiously in accordance with law.

The petitioner shall not take any adjournment on the next date of hearing i.e., on 09.04.2025. Even for future dates, the learned trial Court shall not allow any unnecessary adjournments to any of the parties and

proceed in accordance with law.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)