Gautam Mazumdar v. State Of West Bengal And ANR

22.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.137 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1584 of 2024 In the matter of : Gautam Mazumdar ... Petitioner.

Mr. Subhrojyoti Bhowmick ... For the Petitioner.

The petitioner is aggrieved by the manner in which the complaint case being CNS-107382 of 2016 is progressing before the learned Metropolitan Magistrate, 18th Court, Calcutta. The proceeding under Negotiable Instruments Act was initiated in the year 2016 and till date, crossexamination of the first prosecution witness has not been completed. In fact, records reflect that the learned Magistrate in spite of best efforts could not pursue the complainant to conclude the cross-examination.

Learned advocate appearing for the petitioner submits that the accused on different pretext has been stretching the time and has been successful in wasting eight years for dragging the case.

Having considered the submissions so advanced on behalf of the petitioner, I direct the learned trial court being the learned Metropolitan Magistrate, 18th Court, Calcutta that on and from the next date so fixed, the learned trial court would fix 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.

The accused opposite party be allowed three further dates for concluding the cross-examination and thereafter the

learned Magistrate would proceed either to the next witness concerned or to the stage of Section 313 of the Code of Criminal Procedure. The examination of the accused under Section 313 of the Code of Criminal Procedure should commence by third week of August, 2024 and be concluded by 30.08.2024. The defence evidence, if any, be concluded by 31.12.2024. The arguments of the case should conclude by 31.01.2025 and the learned trial court would pronounce its verdict in the last week of February, 2025.

With the aforesaid observations, the revisional application being CRR 1584 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.)