Smt. Rekha Singh vs The State Of West Bengal & Anr
2022 Latest Caselaw 3921 Cal

Form J(2)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                                Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                          C.R.R. 1775 of 2022

                        Smt. Rekha Singh
                                Vs.
                  The State of West Bengal & Anr.

For the petitioner        :


For the State             :   Mr. Tanmoy Kr Ghosh, Adv.
                              Ms. Pritha Paul, Adv.

Heard on                  : 04.07.2022

Judgment On               : 04.07.2022.

Bibek Chaudhuri, J.

The instant revision is not represented by the learned

advocate on record. However, on perusal of the averment made in the

revisional application this court is of the view that the instant revision

can be disposed of with the assistance of the learned Public

Prosecutor-in-Charge.

Mr. Tanmoy Kumar Ghosh, learned Public Prosecutor is

requested to assist this court. Appointment of Mr. Ghosh be

regularised by the learned Legal Remembrancer, Government of West

Bengal.

The instant revision under Section 483 of the Code of Criminal

Procedure is filed by the complainant of C.N.S Case No. 604 of 2020

now pending before the Learned Metropolitan Magistrate, 8 th Court at

Calcutta. It is contended by the petitioner that she is the complainant

of the above mentioned complaint case under Section 138 of the

Negotiable Instruments Act. The case was instituted on 6 th October,

2020. However, till date learned Magistrate could not ensure the

attendance of the opposite party no.2. It is found from the certified

copy of the order dated 29th April, 2022 that the accused/opposite

party no.2 was represented by his learned advocate on the said date.

The learned Trial Judge again fixed on 29th June, 2022 for appearance

of the accused persons.

It is pertinent to mention that the Hon'ble Apex Court in

plethora of cases directed that the cases under Section 138 of the

Negotiable Instruments Act shall have to be disposed of at the earliest

and preferably within six months from the date of appearance of the

accused. The learned Magistrate failed to ensure attendance of the

accused during last two years. Therefore, this court is of the view that

the instant application can be disposed of with the following direction.

The learned Metropolitan Magistrate, 8 th Court at Calcutta is

specifically directed to fix a date within one month from the date of

communication of this order for appearance of the accused and his

examination under Section 251 of the Code of Criminal Procedure.

After recording plea, the learned Magistrate shall dispose of the case

under Section 138 of the N.I. Act within six months.

The instant criminal revision, is, thus, disposed of.

(Bibek Chaudhuri, J.)