Samir Das v. M/S Mansions Marketing Private Limited

16.08.2023 Serial no. 44 [G.S.D] CRR 2975 of 2023 In the matter of : Samir Das ... ... Petitioner Mr. T. Manna ... For the Petitioner The Learned Metropolitan Magistrate, 11th Court was pleased to issue warrant of arrest against the present petitioner in connection with CNS 310 of 2018 filed under Section 138 of the N.I. Act.

Learned Advocate for the petitioner submits that the petitioner intends to appear and surrender before the Learned Trial Court.

Accordingly, if the petitioner appears and surrenders before the Learned Trial Court by 5th of September, 2023 and prays for bail, in view of the offence being bailable, the petitioner may be released on bail on such terms and conditions as the Learned Magistrate deems fit and proper. The petitioner should participate in the trial regularly. The execution of warrant of arrest be stayed till 12th of September, 2023.

Having regard to the fact that the case was instituted in the year 2018 and, as is reflected in course of evidence,

the petitioner started not appearing in Court, I direct that the Trial Court would adhere to Section 309 of the Code of Criminal Procedure and, once in every week fix a date so that the trial of the case can be taken to its logical conclusion within a reasonable period of time. With the aforesaid observations, CRR 2975 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)