M/S Aparna Construction v. State Of West Bengal And ANR

July 7, 2023 AD - 76 Ct. 34 SG CRR 1821 of 2023 M/s. Aparna Construction -versus- State of West Bengal and another Mr. Krishnendu Bhattacharya Mr. Dipnarayan Mukherjee Mr. Santanu Talukder Mr. Priyankar Ganguly ... for the petitioner.

Records in NIA-132 of 2020 pending before the learned Additional chief Judicial Magistrate, South 24 Parganas reflects that on a number of dates the learned court fixed time for examination under Section 251 of Cr.P.C. but the said process could not be completed. Learned trial court henceforth would fix at least one date in a month so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. In case after three dates learned trial court finds that there is a design to adopt dilatory tactics by the accused, the court would invoke Section 143A of the N.I Act and impose 20 % of the cheque amount. Steps be taken so that the trial can be concluded at the earliest by adhering to the provisions of N.I. Act.

No unnecessary adjournment should be granted to either of the parties and in case there is a resolution of the

local bar, the proceedings of the present case should not be stalled and would continue.

With the aforesaid observations, CRR 1821 of 2023 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of such formalities.

( Tirthankar Ghosh, J. )