Prashanta Kumar Ghosh v. State Of West Bengal And ANR

13.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.27 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2960 of 2022 In the matter of : Prashanta Kumar Ghosh ... Petitioner. Mr. Sourav Bose ... For the Petitioner.

The learned advocate appearing for the petitioner is aggrieved by the progress of Complaint Case No.

C/1473/2018 which is pending before the learned Judicial Magistrate, 5th Court, Alipore. Learned advocate submits that although the case was instituted in the year 2018, but only the complainant has been examined and the circumstances created by the accused do not permit progress of the case. The petitioner is at liberty to file application under Section 143A of the Negotiable Instruments Act praying for interim compensation. Learned Magistrate on filing of the same would dispose it of within a period of seven days. It is further directed that the legislature in its wisdom has fixed a specific period of time for early disposal of cases under the Negotiable Instruments Act. It may not be always possible, but the trial court should try to at least adhere to the same.

In view of the fact that the present proceeding is pending for a period of five years or more, I direct that the learned trial court, from the next date so fixed, would at least ensure that a single date is fixed on each and every 45 days so that the trial can be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 2960 of 2022 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.)