Suresh Kr Beria v. Navin Kr Kajaria

24.03.2023 Ct. No.34 S/L Nos.30-31 KS (Assigned) C.R.R. 881 of 2021 Navin Kumar Kajaria -Vs.- Supreme Wood Products Private Limited & Ors.

With C.R.R. 2160 of 2018 Suresh Kumar Beria -Vs.- Navin Kumar Kajaria Mr. Ayan Bhattacharya Mr. Apalak Basu Mr. A. Sarkar Mr. S. Ash ..... For the Petitioner (C.R.R. 881 of 2021) Mr. Ayan Bhattacharya Mr. Apalak Basu Mr. A. Sarkar Mr. S. Ash ..... For the O.P. (C.R.R. 2160 of 2018) Mr. K. Dudhewalla .....For the O.P. No.2 (C.R.R. 881 of 2021) Mr. K. Dudhewalla .....For the Petitioner (C.R.R. 2160 of 2018) The revisional applications being, C.R.R. 881 of 2021 and C.R.R. 2160 of 2018 are taken up for consideration analogously as both the revisional applications arise out of Case No.C-418961 of 2014 under Sections 138/ 141 of the Negotiable Instruments Act which is pending before the learned Metropolitan Magistrate, 20th Court, Calcutta. The purpose of filing C.R.R. 881 of 2021 was for expediting the trial of the case and a direction to conclude the trial within a specified period of time. C.R.R. 2160 of 2018 was filed by the accused person

challenging the continuance of the same proceeding for want of averments in the complaint filed under Sections 138/ 141 of the N.I. Act. Mr. Dudhewalla, learned advocate appearing for the petitioner in C.R.R. 2160 of 2018 submits that during pendency of the present revisional application the complaint case before the learned Metropolitan Magistrate has reached at the defence witness stage. Learned advocate submits that in view of the present stage, he intends to take up the points agitated in the present revisional application in course of evidence of the defence as well as the final arguments of the case. Petitioner in C.R.R.

2160 of 2018 would be at liberty to canvass such points which have been agitated in the present revisional application during the defence witness stage and during the final argument of the case before the learned Magistrate. So far as the prayer of Mr. Bhattacharya is concerned, in C.R.R. 881 of 2021, I direct the learned Trial Court to take all efforts and to conclude the proceedings by 30th November, 2023. With this aforesaid observation, C.R.R. 881 of 2021 and C.R.R. 2160 of 2018 are disposed of.

Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)