Sanjam Kumar Jana v. Sivaji Roy

30.06.2021 CRR 935 of 2021 SA Sanjam Kumar Jena Vs.

Sivaji Roy In re : An application under Section 483 read with Section 401 of The Code of Criminal Procedure, 1973.

Mr. Soumyajit Das Mahapatra ... For the petitioner Mrs. Sukanya Bhattacharyya Mr. Pratick Bose ..... For the State This is an application for expeditious hearing of the Complaint Case No. 390 of 2018 under Section 138 of Negotiable Instruments Act, 1881 pending before the Learned Judicial Magistrate, 4th Court, Barrackpore, North 24 Parganas.

Mr. Soumyajit Das Mahapatra, learned advocate for the petitioner submits that the case is pending before the Learned Magistrate for almost three years. There has been no progress in the trial. He further submits that, according to the statutory mandate, the case should have been disposed of within a period of six months. In view of the present pandemic situation, delay in the trial cannot be attributed to the Learned Magistrate. However, keeping in view the innocuous nature of prayer, I dispose of this revisional application with a direction upon the learned Magistrate to conclude the trial preferably within a period of one year from date without granting any unnecessary adjournment to either of the parties. With the above observation, the revisional application being CRR 935 of 2021 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Mrs. Sukanya Bhattacharyya, learned advocate who usually appears on behalf of the State, is requested to appear on its behalf along with Mr. Pratick Bose, learned advocate, assisting her. Let her appointment be regularised by the State. (Kausik Chanda, J.)