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2020 DIGILAW 397 (CAL)

Shajahan Gazi v. Susanta Bawali

2020-03-06

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is, in effect, an application seeking an expeditious disposal of a proceeding under Section 138 of the Negotiable Instruments Act. 2. Learned counsel appearing on behalf of the petitioner submits as follows. The complainant/ petitioner initiated the present proceeding in October, 2018. Despite service of summons, the accused did not appear before the learned trial court and that is why a warrant of arrest had to be issued. Before the warrant could be executed he appeared and took bail. Thereafter, on several occasions the accused prayed for adjournments and the same were allowed. The proceeding has remained pending for no fault on the part of the present petitioner. 3. I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition. 4. No prejudice will be caused to anyone if a direction is passed for expeditious disposal of the impugned proceeding. 5. Although the proceeding has not remained pending for an inordinately long period of time, one has to remember the statutory requirement for concluding such proceeding within a stipulated period of time. Besides, on the last few occasions the accused prayed for adjournments. 6. In view of the above and in the interest of justice, the learned trial court is requested to conclude the trial as expeditiously as possible without granting any unnecessary adjournment to any of the parties, preferably within a period of six months from the next date of hearing. 7. With these observations, the revisional application is disposed of. 8. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.