Lake Terrace Private Limited v. Duncans Industries Limited And Others

18.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.147 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1543 of 2024 In the matter of : Lake Terrace Private Limited ... Petitioner. Mr. Anirban Dutta, Mr. Avirup Mondal, Mr. A. Z. Mondal ... For the Petitioner.

The petitioner is aggrieved by the pendency of Complaint Case No. 4007 of 2015 before the learned Judicial Magistrate, 5th Court, Alipore under the provisions of Section 138 of the Negotiable Instruments Act.

Learned advocate appearing for the petitioner draws the attention of the Court to the fact that non-maintainability petition which has been filed at the instance of the opposite parties is still pending and awaiting disposal. Having regard to the pendency of the said application in respect of a case which was initiated in the year 2015 and is pending for nine years, I direct the learned Judicial Magistrate, 5th Court, Alipore to dispose of the said application on the next date so fixed or within a month thereafter. The learned Magistrate would proceed with the evidence by fixing one date in every 15 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 1543 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)