Aditya Birla Housing Finance Limited And Another v. State Of West Bengal And ANR

D/L - 464 09/07/2025 Court No.28 S.Kundu CRR 1726 of 2025 Aditya Birla Housing Finance Limited & Anr.

Vs.

State of West Bengal & Anr.

Mr. Amar Singh Mr. Tutul Das Mr. Ranjit Singh Mr. Ratul Deb Banerjee Ms. Sanchita Bera ...for the petitioners.

1. Learned counsel appearing for the petitioners submits as follows. The petitioner no. 1 is the complainant in a case under Section 138 Negotiable Instrument Act. Although the complaint was filed in 2022, till date the proceeding could not be concluded. A date may be fixed for hearing of the petition under Section 143 A of the Negotiable Instrument Act.

2. From a perusal of the records, it appears that although the accused has also been responsible for the delay and on some occasion warrant of arrest had to be issued to ensure attendance, at least on the last few dates i.e., on 22.11.2024 and 19.3.2025, the complainant was absent. That is why the petition under Section 143 A of the N.I. Act could not be heard.

3. Be that as it may, it is expected that the learned Trial Court shall conclude the proceeding as expeditiously

as possible without granting any unnecessary adjournments any of the parties and shall first decide the application under Section 143 A of the N.I. Act after hearing the parties as expeditiously as possible.

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

5. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)