Extracted from the PDF above. The PDF is authoritative.
30.07.2026 Serial no. 11 [Srimanta] Ct. No. - 29
CRR 2893 of 2026
In re : An Application under Section 528 of the Bharatiya Nagarik Sureaksha Sanhita, 2023
-And- In the matter of : MOSLEM PATHAN
… … Petitioner. Mr. Anindya Sundar Das, Mr. Jannat Ul Firdous, Ms. Paromita Mondal, Mr. Suman Halder, Mr. Subrata Bairagya, Ms. Susmita Das, Mr. Anuvab Das, Ms. Siva Gayen , Advocates
… … For the Petitioner. 1. Petitioner herein is aggrieved with the inordinate delay caused in connection with Complaint Case No. 261C of 2024 which is presently pending before learned Additional Chief Judicial Magistrate, Bishnupur. 2. Learned Counsel for the petitioner submits that the petitioner/complainant filed a complaint against the opposite party herein alleging commission of offence punishable under Section 138 of the Negotiable Instrument Act on 16.12.2024. The filing Court registered the case and fixed next date on 31.12.2024 for initial deposition. Thereafter, he fixed several dates for appearance and also hearing regarding cognizance and lastly next date has been fixed on 10.09.2026 for appearance and hearing regarding cognizance. Since the matter has got stalled for more than
2 one and a half year, the petitioner has prayed for necessary direction upon the Court below for expeditious disposal of the said complaint case. 3. 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. 4. Having considered submissions made on behalf of learned Counsel for the petitioner and also considering the fact that after filing of the complaint by the complainant/petitioner on 16.12.2024, the case has not proceeded any further for last one and a half year, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. 5. In view of above, the instant proceeding being CRR/2893/2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being Complaint Case No. 261C of 2024 and to make his best effort to conclude the same at the earliest, preferably within a period of three months from this date. 3
6.
All parties are to act on the server copy of this order duly downloaded from the official website of the Calcutta High Court. (Dr. Ajoy Kumar Mukherjee, J.)