M/S. Seven Hills Bytes Pvt. Ltd vs Console Management Consultants ...
2022 Latest Caselaw 4050 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                            Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 2234 of 2022


                     M/s. Seven Hills Bytes Pvt. Ltd.
                                  Vs.
                   Console Management Consultants Pvt. Ltd. and
                                 Others


             Mr. Sabyasachi Banerjee
             Ms. Aafreen Perveen
                         ...for the petitioner



Item No.23.



Heard & Judgment on:        07.07.2022


Bibek Chaudhuri, J.

Complaint Case No.261/2021 was registered on the basis of

a Court complaint submitted by the petitioner/complainant before

the learned Judicial Magistrate, Bidhannagar under Section 138 of

the Negotiable Instruments Act. The grievance of the petitioner is

that the said case has not been disposed of till date. It appears

from the documents filed with the instant appeal that the opposite

party Nos. 2 to 6 have entered appearance. They are the Directors

of the opposite party No.1 Company. However, no formal order is

passed with regard to representation of the Company. The instant

case is fixed for examination of the accused persons/opposite

parties under Section 251 of the Code of Criminal Procedure on 2nd

August, 2022.

The petitioner has prayed for expeditious disposal of the

case. On perusal of the copy of the orders passed by the learned

Judicial Magistrate, Bidhannagar in whose Court the said complaint

case is pending for disposal that he is taking prompt step for

proceeding with the instant complaint. The learned Magistrate has

nothing to do if the accused No.1/opposite party No.1 is not

represented by any of the Directors. Therefore, the instant criminal

revision is disposed of directing the learned Judicial Magistrate,

Bidhannagar to ascertain on the next date fixed as to who amongst

P.W.2 to P.W.6 will represent opposite party No.1 Company. Then

he will record plea against the accused persons. Since it is directed

by the Hon'ble Supreme Court in plethora of cases that the

complaint under Section 138 of the Negotiable Instruments Act is to

be disposed of expeditiously, the learned Magistrate is requested to

take prompt action for disposal of the complaint in connection with

Complaint Case No. 261 of 2021 by recording of evidence,

examination of accused persons under Section 313 of the Code of

Criminal Procedure, examination of defence witnesses, if any, and

delivery of judgment.

(Bibek Chaudhuri, J.)