Dharmendra Sharma v. Ajay Singh

C.R.R. 2292 of 2021 Court No.

Item 5 Ssi In the matter of:- Dharmendra Sharma 17.02.

(via video conference) Mr. Sayan Ray Mr. Samrat Choudhury ...for the petitioner This is an application seeking an expeditious disposal of a proceeding under Section 138 of the Negotiable Instruments Act.

Affidavit of service filed on behalf of the petitioner is taken on record.

Despite service, no one appears on behalf of the accused opposite party.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the complainant in this case. He has filed a petition of complaint way back in 2015. As the proceeding was not being conducted expeditiously, he moved an application before this Court. By an order dated 09.09.2016 in CRR 3004 of 2016, a Co-ordinate Bench of this Court passed a direction to expedite the proceeding. Even thereafter the matter went on in a staggered manner. The dispute was referred to mediation in 2018. By an order dated

22.04.2018 passed by the Lok Adalat, a settlement was recorded and the opposite party was directed to make payment of Rs. 4,50,000/- within 30.10.2018 in monthly installment. The accused had only given one cheque of Rs. 50,000/-. Even that was cheque dishonored. Yet, the matter has lingered on and the next date has been fixed for evidence and for payment by the accused. The matter has remained pending for no fault of the present petitioner.

I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition.

It appears that the matter is pending since 2015. Without even going into the merits of the case and as to whether the opposite party failed to comply with the terms laid down by the order of the Lok Adalat or not, it appears that the proceeding ought to be concluded expeditiously.

In view of the above and in the interest of justice, I request the learned trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of six months from the next date of hearing.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)