M/S. Bharat Enterprise vs Sourashakti (Proprietorship ...
2023 Latest Caselaw 384 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. 4508 of 2022
                    M/s. Bharat Enterprise
                              Vs.
         Sourashakti (Proprietorship Business) & Ors.

For the petitioner      : Mr. S.S.Roy, Adv.
                          Mr. A. Chakraborty, Adv.
                          Mr. A. Banerjee, Adv.

For the State           : Mrs. Sujata Das, Adv.

Heard on                : 13.01.2023

Judgment On             : 13.01.2023.

Bibek Chaudhuri, J.

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

expeditious disposal of complaint case No.442C of 2018 under Section

138 of the Negotiable Instruments Act pending before the learned

Judicial Magistrate, 1st Court at Malda.

On perusal of the instant application this Court is of the view

that the instant revision can be disposed of here and now. The case

under Section 138 of the Negotiable Instruments Act was registered in

the year 2018. In the meantime, four years have elapsed. However,

till date the accused has not been examined even under Section 251

of the Code of Criminal Procedure.

It is needless to say that a case under Section 138 of the

Negotiable Instruments Act is required to be disposed of within six

months from the date of examination of the accused under Section

251 of the Code of Criminal Procedure. This Court elaborately passed

a practice direction in respect of the cases under Section 138 of the

Negotiable Instruments Act vide Notification 2301RG dated 27 th April,

2022. The learned Magistrate is not following such practice direction.

For the reasons stated above, the Trial Court is specifically

directed to examined the accused/opposite party within four weeks

from the date of communication of this order and conclude the trial of

the case within six months thereafter.

The instant revision is, thus, disposed of.

Petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.33.

D/L.