Subhashis Ghosh vs Sanjay Agarwal
2023 Latest Caselaw 575 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri

                               CRR 3788 of 2022

                                    Subhashis Ghosh
                                         Vs.
                                    Sanjay Agarwal
      Mr. Monish Sen
      Ms. Oisani Mukherjee
                  ..for the petitioner

      Mr. Rita Datta
                  ..for the State


Item No. 88

Heard & Judgment on:           18.01.2023

Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court

for expeditious disposal of C.R. No.115 of 2013 being a

proceeding under Section 138 of the N.I. Act pending before the

learned Judicial Magistrate, 2nd Court at Durgapur, Paschim

Bardhaman.

It is found from the record that the above mentioned

complaint case was registered in the year 2013. It took about

five years to bring the accused before the trial Court to face trial

in the case. The accused surrendered before the trial Court on

12th September, 2018 and he was released on bail.

Subsequently, series of dates were fixed for examination of the

accused under Section 251 of the Code of Criminal Procedure.

Only in the month of June, 2022 the accused persons were

examined under Section 251 of the Code of Criminal Procedure.

Till date the learned Magistrate did not take any step for

examination of the witnesses on behalf of the prosecution.

Under such circumstances, the instant revision is disposed

of directing the learned Judicial Magistrate to conclude the

examination of the witnesses on behalf of the prosecution within

three months from the date of communication of this order. The

learned Magistrate thereafter shall come to logical conclusion of

the case within one month.

The learned Magistrate is further directed not to grant any

unnecessary adjournment to either of the parties.

The petitioner is at liberty to act on the server copy of this

order.

(Bibek Chaudhuri, J.)