Santosh Kumar Singh v. Sankar Paswan

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta CRR 1715 of 2025 Santosh Kumar Singh Vs.

Sankar Paswan 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. 241 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 2022, till date the proceeding could not be concluded. In fact, there was a report called for from the O.C, Lahara P.S. in the January, 2023. It was finally filed before the trial Court on 04.10.2024. Since then the Court could

not take up the matter for haring as the same was vacant and the Judicial Magistrate, 3rd Court was in charge. 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. Far less, even the question of issuance of process has not been decided yet. In view of the above, let the learned Magistrate, even if he is in charge, consider the question of 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/383