Nitesh Kumar Surana v. Shree Mahakal Implex Private Limited And Others

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 14-08-2023 Subha D/L 48 Ct no.34 CRR 2950 of 2023 Nitesh Kumar Surana -versus- Shree Mahakal Implex Pvt. Ltd & Ors.

Mr. Parth Chakraborty Mr. Muhammad Obaid ....for the petitioner.

The petitioner is aggrieved by the fact that although the case under Section 138 of the Negotiable Instruments Act was preferred in the year 2019, but till date the examination under Section 251 of the Code of Criminal Procedure of the accused persons have not been done. The accused persons have adopted different tactics for delaying the progress of the case and as such more than three years have passed in the meantime. Record of the case reflects that earlier dates were fixed for examination under Section 251 of the Code of Criminal Procedure but subsequently, dates have been fixed for hearing. Be that as it may, the next date is fixed on 25th September, 2023, I direct the learned trial court to conclude the stage of Section 251 of the Code of Criminal Procedure on 25th September, 2023 or within a fortnight thereafter.

The learned trial court having regard to the fact that more than three years have passed would fix at least one date in every 45 days for the purpose of the present case being Complaint Case No.

229 of 2019 so that the trial can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournments should be granted to either of parties. Efforts be taken for concluding the trial at the earliest.

With the aforesaid observations, the present criminal revisional application being CRR 2950 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]