Sajal Guha v. Aoumitra Das

06.02.2024 Item no. 16 Ct.34 (Suvendu) C.R.R. 4180 of 2022 In the matter of :- Sajal Guha ... Petitioner Ms. Devi Priya Mitra ...for the petitioner The revisional application has been preferred for the purposes of the delay which took place in respect of the complaint case no. 904 of 2017, which is a proceeding under Section 138 of the Negotiable Instruments Act and is pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 -Parganas. Learned advocate appearing for the petitioner has drawn the attention of this Court to the order dated 28th August, 2019 passed in CRR 1958 of 2019. He submits that in spite of the order being passed, there has been no progress in the trial of the case. Having considered the submissions so advanced and the fact that more than six years have passed since the initiation of the case, I direct the learned trial court to fix at least one date in every twenty days for the purposes of the complaint case no. 904 of 2017 so that the same should reach to its logical conclusion within a reasonable period of time.

In case the learned trial court is of the opinion that because of the accused person not participating in the trial or evading the process of law and the trial of the case cannot proceed, in that case the learned trial court would be at liberty to modify the order of bail by directing the accused person to furnish a local surety. All efforts be taken to conclude the trial at the earliest. With the aforesaid observations, CRR 4180 of 2022 is disposed of.

All parties to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)