M/S Monotrone Leasing Pvt Ltd v. M/S B D Motors Ltd And ORS
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 4258 of 2022 M/s Monotrone Leasing Private Limited -VsM/s B.D. Motors Ltd. & Ors.
For the Petitioner: Mr. Arkadeb Bhattacharya, Adv., Mr. Sujit Banerjee, Adv.
Heard on: 14 December, 2022 Judgment on: 14 December, 2022.
BIBEK CHAUDHURI, J. : - 1.
It is unfortunate to note that a complaint under Section 138/141 of the Negotiable Instruments Act filed by the petitioner-company against the opposite parties on 12th October, 2018 is still pending for disposal in the 9th Court of learned Judicial Magistrate, Alipore. 2.
This transpires from record that the above-mentioned complaint was filed before the learned Chief Judicial Magistrate, Alipore who took cognizance of offence and transferred the case to the 9th Court of the learned Judicial Magistrate for disposal.
3.
The petitioner has delineated the progress of the case in paragraph 4 of the instant application which is reproduced below. DATES EVENTS OF PROCEEDING
06.03.2019 No one appears on behalf of the Opposite party, matter was adjourned to 16.05.2019 16.05.2019 Due to resolution of the bar, matter was adjourned to 09.08.2019 07.08.2019 Opposite party no.3 was granted bail in the matter.
09.08.2019 In spite of service, no one appears on behalf of the opposite party no.2, matter was adjourned to 23.10.2019 23.10.2019 Opposite party no.4 entered appearance and was granted bail in the matter, however opposite party no.2 failed to appear and fresh warrant was issued and matter was adjourned to 31.12.2019 31.12.2019 Opposite party no.2 entered appearance and was granted bail in the matter and matter was adjourned to 29.02.2020 29.02.2020 Due to absence of the learned Judge matter was adjourned to 02.05.2020 02.05.2020 Due to COVID lockdown, matter was adjourned to 19.11.2020 19.11.2020 Due to COVID lockdown, matter was adjourned to 01.06.2021 01.06.2021 Due to resolution of the bar, matter was adjourned to 24.08.2021 24.08.2021 Due to resolution of the bar, matter was adjourned to 10.05.2022 10.05.2022 No one appears on behalf of the opposite parties and hence warrant was issued and matte was adjourned to 04.07.2022 04.07.2022 Opposite parties had taken extension of bail in mid June but was not present in the court on the present day, their advocate on
record was changed and submitted that as the said company is under CIRP process, company name should be removed. Learned Judge asked strictly for appearance of the opposite parties on the next date and matter was adjourned to 01.09.2022 01.09.2022 Learned Court did not sit due to 'No adverse order'
notice.
Opp.
Party/lawyer does not appear and matter was adjourned to 29.11.2022 4.
Thus it is clearly revealed that till date the matter has not been heard properly and frequent adjournments were granted. The trial court does not care to follow statutory requirement of Section 143(3) of the Negotiable Instruments Act and fails to conclude trial of the case within six months from the date of investigation.
5.
Under such circumstances, this Court thinks it fit to pass necessary direction to the court below.
6.
The instant revision is disposed of directing the trial court to examine the accused person within one month from the date of communication of this order and conclude trial of the case within three month thereafter.
7.
The petitioner is at liberty to communicate server copy of this order to the learned court below for information and strict compliance. (Bibek Chaudhuri, J.)