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2026 DAILYLAW 37191 (CAL)

TAPAS DUTTA v. PEARL CORPORATION

CRR/3590/2026 · 2026-08-31

Ajoy Kumar Mukherjee

body2026

Judgment text

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31.8.2026 863. BD CRR 3590 of 2026 Tapas Dutta Vs. Pearl Corporation Mr. Biswajit Naha …for the Petitioner In this application the petitioner is aggrieved by the inordinate delay caused in disposal of the proceeding being Complaint Case No. CS/96122/2024 presently pending before learned Judicial Magistrate, 17th Court, Calcutta. Learned counsel for the petitioner submits that the petitioner being the complainant has initiated the said proceedings under section 138 of the N.I. Act, 1881, in the year 2023. Learned court below after taking plea fixed the said proceeding for recording evidence by an order dated 16.10.2025 and the next date was fixed on 20.12.2025. Since then the matter is pending for recording evidence. Therefore, the petitioner has 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, the opposite party will have no cause to prejudice and as such, the service of copy of application upon the opposite party is hereby dispensed with. 2 Having considered the submission made on behalf of the petitioner and that the trial of the case has practically got stalled for more than nine months, 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 the above, the instant application being CRR 3590 of 2026 is hereby disposed of with a direction upon the court below or Court-in-Charge to make every endeavour for expeditious disposal of the Complaint Case No. CS/96122/2024 presently pending before learned Judicial Magistrate, 17th Court, Calcutta and to make its best effort to conclude the entire proceeding within a period of six months from the next date of hearing. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)