Santosh Kumar Singh v. Dhiraj Kumar Shaw And Another

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta CRR 1714 of 2025 Santosh Kumar Singh Vs.

Dhiraj Kumar Shaw & Anr.

For the Petitioner : Mr. Brajesh Jha Mr. Neel Chakraborty Mr. A.G. Sinha Heard on : 08.08.2025 Judgment on : 08.08.2025 Jay Sengupta, J.:

This is an application praying for expeditious disposal of C Case No. 240 of 2023 under Sections 138 and 141 of the Negotiable Instruments Act, 1881 presently pending before the learned Judicial Magistrate, 2nd Court, Barrackpore, North 24 Parganas. Certified copy of order sheet is taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. Although the petition of complaint was filed in 2023, till date the proceeding could not be concluded. After passing of the order on 04.03.2024 thereby inter alia fixing a date for evidence on 12.08.2024

the matter was not taken up for hearing for effective hearing on any day as the Court was vacant. Only the amount as directed was deposited. No prejudice will be caused to anyone, if a direction is passed to expedite the proceeding.

It appears that a proceeding under Section 138 of the Negotiable Instruments Act initiated in 2022 has not been concluded. In view of the above, let the learned Magistrate, even if he is in charge, consider the question of examination of the complainant and witnesses and issuance of process at the earliest, preferably within four months from the date of communication of this order. After that, the Court will make all endeavour to expedite the matter and conclude the proceeding in accordance with law.

With these observations and directions, the revisional application is disposed of.

Urgent Photostat certified copy of this judgment be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.) tbsr/382