Judgment : Heard learned Counsel Mr. R.V. Bhanarkar for the petitioner and learned Counsel Mr. S.C. Mishra for the respondent. 2. Admit. Heard finally by consent of learned Counsel for the parties. 3. The petitioner is the accused in Criminal Complaint Case No.9593/2009 for the offence punishable under Section 138 of the Negotiable Instruments Act pending in the Court of Judicial Magistrate First Class, Nagpur. The petitioner's grievance is that he was not given sufficient opportunity to examine defence witnesses. The impugned order is dated 17th November, 2011. 4. I have gone through the impugned order. The learned Magistrate in his order has stated that the petitioner was intentionally trying to delay the proceedings. However, on behalf of the petitioner, it is submitted that the Court had issued the summons to two witnesses on the application made by the petitioner. The summons have not been served on the witnesses. The police report is awaited in the Court of learned Magistrate. It is submitted that without getting the police report, the learned Magistrate has abruptly closed the case and has directed the parties to argue. Once the summons had been issued to the witnesses, it was the duty of the learned Magistrate to see that the police officer to whom the work of service of summons is assigned submits report in the Court. If the report is not received, necessary steps should have been taken in that regard. It appears that the learned Magistrate has not bothered to see that the police submits service report within time. In the circumstances, this petition can be disposed of by passing following order. The order dated 17th November, 2011 below Exh.1 is set aside. The petitioner is directed to pay fresh process fee for issuance of summons to the witnesses. The learned Magistrate shall issue summons to the witnesses immediately after payment of process fees. The police shall be given time bound programme to serve the summons. The learned Magistrate shall take all necessary steps to see that summons shall be served on the witnesses and case shall be decided in accordance with law as expeditiously as possible. The petition stands disposed of accordingly.