Calcutta High CourtCRR/4614/2022disposed

The Calcutta Iron Stores v. Sudip Saha

2023-04-19Hon'Ble Justice Bibek Chaudhuri2 pages

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 4614 of 2022 The Calcutta Iron Stores Vs.

Sudip Saha For the petitioners : Mr. Sankha Ghosh, Adv. Mr. Biswarup Nandy, Adv.

Heard on : 19.04.2023.

Judgment On : 19.04.2023.

Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court to take expeditious step for disposal of Complaint Case No.C-669 of 2019 under Sections 138 of the Negotiable Instruments Act, filed by the petitioner. It is submitted on behalf of the complainant/petitioner that the petitioner filed the complaint under Section 138 of the Negotiable Instruments Act in the year 2019 and the case was registered as Case No.C669 of 2019 due to dishonour of cheque of Rs.5,00,000/-. After a lapse of about 4 years date has been fixed for examination of the accused under Section 251 of the Code of Criminal Procedure on 10th August, 2023. It is submitted by the learned Advocate for the petitioner that considering the nature of the case that the complainant has been deprived of his legitimate

dues, the Trial Court may be directed to take expeditious step for disposal of Case No.C-669 of 2019.

Having heard the learned Advocate for the petitioner, this Court disposes of the instant application directing the learned Additional Chief Judicial Magistrate at Bidhannagar to examine the accused positively on 10th August, 2023 under Section 251 of the Code of Criminal Procedure. If the accused fails to appear on the next date fixed, it is opened for the learned Magistrate to issue warrant of arrest against the petitioner. After examination of the accused under Section 251 of the Code of Criminal Procedure, the learned Magistrate shall take all endeavour to examine the witnesses and dispose of the case within next six months positively.

The instant revision is disposed of with the above direction. Parties to act on the server copy of the order. (Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.138.

D/L.