Suhasini Nanda Alias Suhashini Nanda v. Bengal Waterproof Ltd. And ORS

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 2431 of 2022 Suhasini Nanda @ Suhashini Nanda Vs.

Bengal Waterproof Ltd. & Ors.

For the petitioner :

Mr. Ayan Bhattacherjee, Adv., Mr. Sharequl Haque, Adv., Mr. Aditya Tiwary, Adv., Mr. Suman Majumder, Adv.

Heard & Judgement on :

18.07.2022.

Bibek Chaudhuri, J.

A complaint under Sections 138/141 of the Negotiable Instruments Act was filed in the Court of the Learned Chief Metropolitan Magistrate at Calcutta being Case No.

C 24547/2010 on 20th August, 2010. Subsequently, the aforesaid case was transferred to the 13th Court of the Learned Metropolitan Magistrate, Calcutta.

Some of the accused persons approached this Court in CRR No. 345/2012 for quashing of the said proceeding as against them. The said criminal revision was disposed of on 7th July, 2017 and the Trial Court was directed to dispose of the trial preferably within six months from the date of recording of plea in accordance with law. The said

order was duly communicated to the Learned Chief Metropolitan Magistrate, Calcutta. However, till date the accused persons against whom the said complaint case was directed to be proceeded with have not been examined under Section 251 of the Code of Criminal Procedure.

On perusal of the materials annexed with the instant revision and also taking into consideration the submission made by Mr. Bhattacharyya, Learned Advocate for the petitioner, I am of the view that the instant criminal revision can be disposed of here and now directing the Trial Court to examine the accused persons under Section 251 of the Code of Criminal Procedure within three weeks from the date of communication of the order passed by this Court and, thereafter conclude the hearing of the case within four months from the date of recording of the plea of the accused persons. The Learned Metropolitan Magistrate, 13th Court at Calcutta shall not pass any order of adjournment mechanically in the complaint case and comply with the above direction peremptorily. Order is passed in terms of the directions made hereinabove. The instant criminal revision is, accordingly, disposed of. The petitioner is at liberty to communicate the order obtaining server copy of the same.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 24