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2026 DAILYLAW 39684 (CAL)

SUPARNA ROY v. PANKAJ DAS AND ANOTHER

CRR/3109/2026 · 2026-09-10

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.9.2026 01. BD CRR 3109 of 2026 Suparna Roy Vs. Pankaj Das & Anr. Mr. Dhananjay Banerjee Mr. Mahiul Islam …for the Petitioner The petitioner herein is aggrieved by and dissatisfied with the long continuation of the proceeding being C.Case No. 1132 of 2024 under section 138 of the Negotiable Instruments Act, 1881 presently pending before learned Judicial Magistrate, 4th Court, Barrackpore. Learned counsel for the petitioner submits that the complaint was lodged on 7th December, 2024 and long thereafter on 10th June, 2026 the plea was recorded and the next date has been fixed on 30th January, 2027 as the accused pleaded not guilty and claimed to be tried. Learned counsel for the petitioner further submits that under the statutory provision, said proceeding is required to be disposed of within a time frame but the court below is fixing the dates at an interval of six months for which the proceeding is dragging for an indefinite period. Therefore, he prayed for preponment of the date and also for appropriate direction 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 2 parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having considered the submission made on behalf of the petitioner and that the proceeding is pending for about two years and that no witness could be examined by the trial court as yet, 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 3109 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 November, 2026 and thereafter he will make his best endeavour to conclude the entire proceeding preferably within a period of six months thereafter. 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.)