Sujan Kumar Nayak v. Santu Das And Others

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION 26.02.2025 sdas C.R.R. No. 4042 of 2024 In Re : An application under Section 528 read with Section 529 of the BNSS.

And In Re : Sri Sujan Kumar Nayak ..... petitioner Mr. Pinaki Datta Ms. Jayashree Saha ....... for the petitioner 1.

Learned Counsel for the petitioner prays for expeditious prosecution in the Complaint Case being no. 441 of 2023 under Section 138 of the Negotiable Instrument Act and under Section 420 of the Indian Penal Code.

2.

I have considered the materials on record.

Complaint case was instituted in 2023 and date has been fixed for recording pre-charge evidence. Prosecution of the case not only relates to the offence under Section 420 of the Indian Penal Code but also under Section 138 of the Negotiable Instrument Act. Section 147 of the Negotiable Instrument Act, inter alia, provides that trial of offence under Section 138 of the Negotiable Instrument Act is to be conducted in a time bound manner.

3.

Keeping the mandate of the special law in mind, I request the trial court to fix dates at short intervals and consider the issue of framing of charge at an early date without granting unnecessary adjournments to either of the parties. In

the event charge is framed prosecution shall be taken to its logical conclusion in accordance with law without granting unnecessary adjournment to the parties.

4.

With these directions, petition is disposed of. 5.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Joymalya Bagchi, J.)