Sajal Guha v. Aoumitra Das

15.01.2024 (56) (ap) C.R.R. No. 4182 of 2022 In re : Sajal Guha. ..Petitioner. Re: Application under Section 483 of the Code of Criminal Procedure filed on 16.11.2022 Ms. Devi Priya Mitra.

...for the petitioner.

1.

The petitioner is aggrieved that trial in respect of Complaint Case No.1300 of 2017 now pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas has not been completed till date.

2.

By a order dated 24th June, 2019, a Co-ordinate Bench of this Court in C.R.R. No. 1956 of 2019 directed the learned trial court to conclude the proceedings under Section 138 of the Negotiable Instruments Act within a period of six months from date.

3.

This Court notes with anguish that the order of Coordinate Bench has not been complied with and the trial has not been completed till date.

4.

This Court directs that the trial in the said proceeding being Complaint Case No. 1300 of 2017 now pending before the learned Additional Chief Judicial Magistrate, Baruipur, South 24 Parganas is completed positively within a period of four months from date.

5.

Let a copy of this order be communicated to the District Judge, South 24 Parganas, who shall ensure its compliance.

6.

The District Judge shall also be at liberty, if necessary, to transfer the case from the court of the learned ACJM, Baruipur to another Bench.

7.

Accordingly, C.R.R. No. 4182 of 2022 is disposed of. 8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible. (Rajasekhar Mantha, J.)