Calcutta High CourtCRR/4468/2023disposed

South North Projects Llp v. M/S. Avaneesh Infratech Pvt Ltd And ORS

2023-12-01Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 01-12-2023 Subha Item no. 373 Ct no.34 CRR 4468 of 2023 Soth North Projects LLP -versusM/s. Avaneesh Infratech Private Limited and ors. Mr. Ayan Bhattacharya Mr. Arpit Chaudhury Mr. Anil Chowdhury ....... the petitioner.

Petitioner prays for expeditious disposal of Case No. CS 11119 of 2019 of the N. I. Act and is pending before the learned Metropolitan Magistrate, 15th court, Calcutta. It has been submitted that the substance of the acquisition under Section 251 of the Code of Criminal Procedure has already been done by the learned Magistrate and thereafter an application under Section 143A of the N. I. Act has been preferred at the instance of the present petitioner which is still pending and the next date has been fixed on 20th December, 2023.

Having considered the fact that the proceedings under Section 138 of the N. I. Act are pending for four years, I am of the opinion that the learned Metropolitan Magistrate, 15th court, Calcutta would henceforth fix at least one date in every two months for the purposes of the present case so that the trial of the case can be concluded at the earliest.

So far as the application under Section 143A of the N. I. Act is concerned, the learned Magistrate within a month from 20th

December, 2023 would dispose of the same.

All efforts be taken by the learned trial court so that the prosecution evidence is over by 30th June, 2024. The examination under Section 313 of the Code of Criminal Procedure be over by 15th September, 2024. Defence evidence be over by 20th December, 2024 and the learned trial court will pronounce its judgement by 31st January, 2025.

With the aforesaid observations, the revisional application being CRR 4468 of 2023 is disposed of.

Pending any other applications, if any, are disposed of accordingly.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]