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Calcutta High CourtCRR/2180/2025disposed

Sk. Saiful v. Reva Rani Hansda

2025-09-22Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

22.

22.09.2025 CRR 2180 of 2025 Bd.

Ct. 29 Sk. Saiful Vs.

Mrs. Reva Rani Hansda Ms. Afreen Begum ... for the petitioner. This is an application wherein petitioner has prayed for expeditious disposal of the CR Case No. 269 of 2023 presently pending before the learned Judicial Magistrate, 3rd Court, Tamluk, Purba Medinipur.

Petitioner's contention is that he filed the instant complaint under section 138 of the Negotiable Instruments Act, 1881 on 18th August, 2023 and till date the matter is pending and the next date for recording plea of the accused is fixed on 30th October, 2025.

In such circumstances, the complainant/petitioner has prayed for a direction upon the court below for expeditious disposal of the application.

Having heard learned counsel for the petitioner it appears that if an order is passed in terms of the prayer made on behalf of the petitioner neither party will have a cause to prejudice and as such the service of copy of application upon the opposite party is dispensed with.

Since the prayer made on behalf of the petitioner is quite justified and innocuous in view of the fact that the statutory mandate under section 143 (3) is to conclude the trial in a proceeding under section 138 of the Negotiable Instruments Act, ideally within six months from the date of filing of complaint, I

find that the prayer made by the petitioner is required to be allowed.

In such view of the matter, CRR 2180 of 2025 is disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the above-mentioned CR Case No. 269 of 2023 preferably within a period of six months from the next date of hearing without granting any unnecessary adjournment to either of the parties.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)