Babita Agarwall v. Ramesh Kumar Agarwal

08.07 Ct. No. 3 akb In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction C.R.R. 216 of 2024 Smt. Babita Agarwal Vs.

Sri Ramesh Kumar Agarwal Ms. Mrinmayee Das ...For the Petitioner This is an application wherein the petitioner has prayed for expeditious disposal of a complaint case, being C.R. 319 of 2022, pending before the learned Chief Judicial Magistrate at Jalpaiguri. It is submitted on behalf of the petitioner that the case was initiated in the year 2022 but the evidence has not yet been completed and the matter has been unnecessarily prolonged and thereby the petitioner is depriving of getting speedy justice as recommended by the law.

Since the prayer made in the present application is innocuous and if any order, in terms of the prayer made in the application, is allowed, neither party will have cause to prejudice, service of copy of the application upon the opposite party is hereby dispensed with. Having considered the facts and circumstance of the case and that the aforesaid proceeding under Section 138 of Negotiable Instrument Act is pending for about two years and also considering the fact that there is a clear mandate in section 143(3) of the Act for disposal of the said case within a time schedule and that if any order is passed in terms of the prayer made in the application for ends of justice

neither party will have a cause to prejudice, the prayer of the petitioner is allowed.

The application, being C.R.R. 216 of 2024 is hereby disposed of with a direction upon the Court below for making every endeavour for expeditious disposal of the complaint case, being C.R. 319 of 2022 and to make his best effort to conclude the entire proceeding, without granting any unnecessary adjournment to either of the parties, preferably within a period of twelve weeks from the date of communication of this order.

(Ajoy Kumar Mukherjee, J. )