Krishnapada Debnath v. Gurudas Banerjee

Court No. 34 CRR 1166 of 2023 06.03.2024 (AD 33) Krishnapada Debnath Vs.

Gurudas Banerjee (S. Banerjee) Mr. Amit Dey Mr. Rakesh Bhattacharya ... for the petitioner The petitioner prays for expeditious disposal of C.R. Case no. 740 of 2017 which is an application under Section 138 of the Negotiable Instruments Act. The petitioner is a complainant and is suffering for more than six years but it has also been brought to the notice of this court that the accuseds are not appearing and as such warrant of arrest has been issued against them. Having regard to the time period which has lapsed in the meantime, the learned Magistrate will direct the Inspector in-Charge, Ausgram Police Station to execute the warrant of arrest in case the accuseds are not appearing.

If the learned Magistrate finds that no execution report is sent to the court, in that case report may be called from the Superintendent of Police of Paschim Bardhaman for ensuring/compelling appearance of the accused whose warrant of arrest is not executed by the Inspector in-Charge of Ausgram Police Station.

the trial of the case can be taken to a logical conclusion within a reasonable period of time. It would be in the interest of justice within six months of appearance of the accused, the examination of prosecution witnesses be concluded and thereafter within a further period of six months rest of the procedures be taken to its logical conclusion.

With the above observation CRR 1166 of 2023 is disposed of.

All concerned are to act in terms of a copy of this order duly downloaded from the official website of this court.

(Tirthankar Ghosh, J.)