Sunil Kumar Manna v. Khorshed Ali Laskar Alias Khorshed Naskar And Another

01.05.2024

IN THE HIGH COURT AT CALCUTTA

Item No.101 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1791 of 2024 In the matter of : Sunil Kumar Manna ... Petitioner.

Mr. Dipta Dipak Banerjee ... For the Petitioner. The petitioner is aggrieved by the fact that the present case under Section 138 of the Negotiable Instruments Act is pending before the learned Metropolitan Magistrate, 13th Court, Calcutta since the year 2018 and till date, the examination of the accused under Section 251 of the Code of Criminal Procedure has not been conducted and/or completed.

Having regard to the manner in which the proceedings of CN-337 of 2018 are progressing, I direct the learned Metropolitan Magistrate, 13th Court, Calcutta to fix one date in a month for the purposes of the present case so that trial of the case can be taken to its logical conclusion within a reasonable period of time.

As has been informed that the next date is fixed on 24.06.2024, the learned trial court would complete the process of Section 251 of the Code of Criminal Procedure on the next date so fixed or within a fortnight thereafter. From the month of August, 2024, the learned trial court will start the evidence of the complainant and would ensure that the same is concluded by 30.11.2024. Learned trial court would thereafter grant opportunity by fixing as earlier stated one date in a month and proceed with the trial of the case so that

whole of the evidence which would include prosecution as well as the defence is completed by 30.11.2025. The learned trial court will pronounce its verdict in CN-337 of 2018 by 31.12.2025.

The trial of the case would continue in spite of any resolution of the local Bar and the participating advocates will not stall the proceedings in any manner whatsoever. With the aforesaid observations, the revisional application being CRR 1791 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.)