Extracted from the PDF above. The PDF is authoritative.
30.07.2026 Sl. No.07. D/L. Mithun. Ct.No.29. CRR/2156/2026
Sukanta Das Vs. The State of West Bengal & Anr. Mr. Chandra Sekhar Banerjee, Mr. Shamit Dutta, Ms. Madhumita Saha …for the petitioner
The petitioner/accused is aggrieved with the inordinate delay caused in disposal of the complaint case No.2051 of 2019 under Section 138 of the Negotiable Instruments Act presently pending before learned 1st Judicial Magistrate, Barasat. Learned Counsel for the petitioner submits that the petitioner being the complainant lodged a complaint against the opposite party herein alleging that the opposite party herein had issued a cheque for Rs.15,00,000/- which got bounced on 13th August, 2019. Thereafter the accused appeared and plea was read over and explained on 07.02.2024 when the accused pleaded not guilty. Thereafter on 12.09.2024 the petitioner/complainant filed an application under Section 143A of the N.I.Act seeking interim compensation. For nearly 2 years, the said application under Section 143A N.I.Act is pending for hearing. The Court below is fixing long dates and thereby completely defeating the legislative intent behind enactment of the act which was designed to provide a speedy remedy in such proceedings. Therefore, the petitioner has prayed for necessary direction upon the Court below. 2 Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the application, the opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with. Having heard learned Counsel for the petitioner and that the application under Section 143A N.I.Act is pending for disposal for about 2 years, I find that the prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice. In view of above, the instant application being CRR 2156 of 2026 is hereby disposed of with a direction upon the Court below to prepone the next date of hearing and to fix a date in the month of September, 2026 for hearing the petitioner’s application under Section 143A of the N.I.Act and to dispose of the same preferably within a period of 30 days from the preponing date and thereby he is further requested to make all endeavour to conclude the entire proceeding preferably within a period of six months thereafter.
Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )