Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 35406 (CAL)

SK. SAJAHAN v. GOUTAM SARKAR

CRR/3087/2026 · 2026-08-17

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.08.2026 Sl. No.753. D/L. Mithun. Ct.No.29. CRR/3087/2026 Sk. Sajahan Vs. Goutam Sarkar Mr. Siddhartha Paul …for the petitioner In this application, the petitioner has prayed for a direction upon the Court below for expeditious disposal of CR Case No.406 of 2019 under Section 138 of the Negotiable Instruments Act presently pending before learned Judicial Magistrate, 1st Court, Tamluk, Purba Medinipur. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the petitioner initiated the proceeding on 10.12.2019 and the Court took cognizance and transferred the case before learned Judicial Magistrate, 1st Court, Tamluk, Purba Medinipur. Since then the matter is pending as the accused person is absconding for more than 3 ½ years. Therefore, he prayed for necessary direction upon the Court below for expeditious disposal of the said proceeding. Having heard learned Counsel for the petitioner and that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, there is no question of causing prejudice, service of copy of application upon the opposite party is dispensed with. 2 Having considered the fact and that the criminal proceeding has been stalled for more than 3 ½ 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 3087 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being CR Case No.406 of 2019, presently pending before learned Judicial Magistrate, 1st Court, Tamluk and to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing. The Court below will be at liberty to invoke his jurisdiction under Sections 84/85 of the BNSS in the event the accused/petitioner is still absconding to evade the hearing of the case. 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. )