Madhusudan Organics Private Ltd. v. Basu And Co. Road Construction And ORS.

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

The Hon'ble Justice Bibek Chaudhuri CRR 4634 of 2022 Madhusudan Organics Private Ltd.

Vs.

Basu & Co. Road Contractors Pvt. Ltd. & Ors.

For the petitioner :

Mr. S. Datta, Adv., Mr. S. Lahiri, Adv., Mr. S. W. Faruque, Adv.

For the State :

Mr. Nirupam Dhali, Adv.

Judgement on :

18.01.2023.

Bibek Chaudhuri, J.

This is an application for a direction of expeditious disposal of Case No. CNS 291/2018 being a proceeding under Section 138 read with Section 141 of the Negotiable Instruments Act filed by the complainant/petitioner.

It is submitted on behalf of the petitioner that on 18th August, 2018 the petitioner filed the complaint against the opposite party no.

2. The opposite party no. 2 surrendered before the Trial Court and released on bail on 20th November, 2018. He was subsequently examined under Section 251 of the Code of Criminal Procedure and, thereafter, trial of the case was initiated. Since 2019 till date P.W. 1 was only examined in chief and his cross-examination has not been

concluded. At the behest of the learned defence counsel as many as five adjournments were granted by the Trial Court for conclusion of cross-examination of P.W. 1. In this way, the trial of the case is being delayed.

The learned Magistrate is specifically directed to conclude the cross-examination of P.W. 1 on the next date fixed without granting any adjournment to the defence of any reason whatsoever. Subsequently he will conclude the trial within two months from the date of communication of this order and come to logical conclusion of the case within one month thereafter.

With the above direction, the instant revision is disposed of. The petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 94.