The Calcutta Iron Stores v. Sudip Saha

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

The Hon'ble Justice Bibek Chaudhuri C.R.R. 4616 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-658 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.C658 of 2019 due to dishonour of cheque of Rs.4,80,000/-. After a lapse of about 4 years date has been fixed for examination of the accused to take evidence on 14th June, 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-658 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 14th June, 2023 positively. 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 person, 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.139.

D/L.