The Calcutta Iron Stores vs Sudip Saha
2023 Latest Caselaw 2722 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                         C.R.R. 4614 of 2022
                       The Calcutta Iron Stores
                                  Vs.
                            Sudip Saha

For the petitioners         : Mr. Sankha Ghosh, Adv.
                              Mr. Biswarup Nandy, Adv.

Heard on                   : 19.04.2023.

Judgment On                : 19.04.2023.

Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court to take

expeditious step for disposal of Complaint Case No.C-669 of 2019 under

Sections 138 of the Negotiable Instruments Act, filed by the petitioner.

It is submitted on behalf of the complainant/petitioner that the

petitioner filed the complaint under Section 138 of the Negotiable

Instruments Act in the year 2019 and the case was registered as Case No.C-

669 of 2019 due to dishonour of cheque of Rs.5,00,000/-. After a lapse of

about 4 years date has been fixed for examination of the accused under

Section 251 of the Code of Criminal Procedure on 10 th August, 2023. It is

submitted by the learned Advocate for the petitioner that considering the

nature of the case that the complainant has been deprived of his legitimate

dues, the Trial Court may be directed to take expeditious step for disposal

of Case No.C-669 of 2019.

Having heard the learned Advocate for the petitioner, this Court

disposes of the instant application directing the learned Additional Chief

Judicial Magistrate at Bidhannagar to examine the accused positively on 10 th

August, 2023 under Section 251 of the Code of Criminal Procedure. If the

accused fails to appear on the next date fixed, it is opened for the learned

Magistrate to issue warrant of arrest against the petitioner.

After examination of the accused under Section 251 of the Code of

Criminal Procedure, the learned Magistrate shall take all endeavour to

examine the witnesses and dispose of the case within next six months

positively.

The instant revision is disposed of with the above direction.

Parties to act on the server copy of the order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.138.

D/L.