Agro Inputs Corporation v. State Of West Bengal And ORS.

SM CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI C.R.R.142 of 2019 Agro Inputs Corporation

Versus

The State of West Bengal & Ors.

Mr. Avrojyoti Das, Ms. Jhankar Chhetri.

....for the petitioner.

This revisional application arises in connection with a 05.03.

proceeding initiated by the petitioner under section 138 of the Negotiable Instruments Act, 1881. The petitioner says service of the petition before the Court below could not be effected on the accused persons' being the respondents no.3 to 5 or on the respondent no.1 association as premises wherein the accused persons are said to be residing or the association has its office are under lock and key. Envelopes as to service have come back with the postal endorsement 'left' without any address as recorded by the learned Magistrate.

Subsequently, warrant of arrest has been issued and as such, it is difficult to serve a copy of this application on the opposite parties/accused persons. The prayer made in this revisional application is for expeditious hearing.

Considering the materials on record and after hearing the petitioner, I direct learned Additional Chief Judicial Magistrate, Siliguri, or in his absence any other Officer-in-Charge to dispose of this proceeding as expeditiously as possible preferably by 31st December, 2020 after complying with all legal formalities. This order

of expeditious hearing is normally granted in the presence of the respondents/opposite parties but for the reasons recorded above it is passed in their absence.

(Arindam Mukherjee J.)