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2026 DAILYLAW 32050 (CAL)

TAPAN KUMAR BISWAS v. STATE OF WEST BENGAL AND ANR

CRR/1883/2026 · 2026-08-20

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Sl. No.219. D/L. Mithun. Ct.No.29. CRR/1883 /2026 Tapan Kumar Biswas Vs. State of West Bengal & Anr. Mr. Sajal Kanti Bhattacharyya …for the petitioner In this application, the petitioner has prayed for a direction upon the Court below for expeditious disposal of the Complaint Case No.1151 of 2024 under Section 138 of the Negotiable Instrument Act, presently pending before learned Judicial Magistrate, 3rd Court, Barrackpore. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the petitioner initiated the aforesaid proceeding under Section 138 read with Section 141 of the Negotiable Instrument Act, 1881 on 16th December, 2024 and since then the matter is pending for recording plea. Therefore, he prayed for necessary direction upon the Court below. 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 considered the fact that the proceeding has got stalled for one and a half years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of above, the instant application being CRR 1883 of 2026 is hereby disposed of with a direction upon the Court below to make 2 every endeavour for expeditious disposal of the said proceeding and to make his best effort to conclude the entire proceeding within a period of six months from the next date of hearing. 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. )