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2026 DAILYLAW 29431 (CAL)

RAHUL GHOSH v. THE STATE OF WEST BENGAL AND ANR

CRR/284/2026 · 2026-07-21

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.07.2026 Serial no. 68 BP Court No.9 IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRR 284 of 2026 In the matter of : Rahul Ghosh … … Petitioner Ms. Esha Acharya Ms. Ipsita Saha … … For the Petitioner 1. This revisional application has been filed by the petitioner who happens to be the complainant in C.R. Case No. 457 of 2023. The case involved dishonoured of cheque issued by the opposite party for insufficiency of fund. 2. The petitioner lodged a complaint under Section 138 of the Negotiable Instrument Act on June 12, 2023. Upon examination of the complainant the learned 1st Court of Judicial Magistrate, Alipurduar was pleased to issue notice upon the opposite party. The accused in the complaint case, in pursuance of notice so issued, appeared before the learned trial court and obtained bail on September 2, 2023. The case was fixed on September 12, 2023 for appearance of the accused and for recording his plea under Section 251 of the Code of Criminal Procedure. Bail bond was furnished by the opposite party. Thereafter on 2 September 12, 2023 the opposite party was represented before the learned trial court. He filed a petition under Section 143A of the Negotiable Instrument Act. The case was fixed on November 4, 2023 for hearing as well as plea. On and from November 4, 2023 the opposite party absconded. His bail bond was cancelled and warrant of arrest was issued against him. It is submitted that since December 15, 2023 the case has been fixed for execution of warrant of arrest, several dates have gone by but the warrant of arrest issued against the opposite party could not be executed. 3. The materials placed before this Court shows that the case was fixed on June 12, 2026 and by order on such date the case was again fixed for September 8, 2026 for execution of warrant of arrest issued against the opposite party. 4. By filing the instant revisional application, the petitioner has prayed for a direction upon the learned 1st Court of Judicial Magistrate at Alipurduar to hear out the case being C.R. Case No. 457 of 2023 as expeditiously as possible. 5. In the facts narrated hereinbefore, it would be appropriate to dispose of the instant application by directing the learned 1st Judicial Magistrate at Alipurduar to hear and dispose of C.R. Case No. 457 of 2023 pending before such court without providing any unnecessary adjournment to either of the parties preferably within a period of three months from the date of communication of this order. 3 6. No doubt the learned Judicial Magistrate shall take into consideration the provisions contained in Sections 82 and 83 of the Criminal Procedure Code, 1973 to secure attendance of the accused. 7. With such direction, CRR 284 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)