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2026 DAILYLAW 40233 (CAL)

BRAJESH GUPTA v. AINUDDIN MOLLA AND ANOTHER

CRR/3206/2026 · 2026-09-14

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.09.2026 Sl. No.959. D/L. Mithun. Ct.No.29. CRR/3206/2026 Sri Brajesh Gupta Vs. Ainuddin Molla & Anr. Mr. Tapan Kumar Jana …for the petitioner In this application, the petitioner is aggrieved with the inordinate delay caused in disposal of the proceeding being A.C. Case No.5270 of 2019 presently pending before learned 3rd Judicial Magistrate, Alipore. Learned Counsel for the petitioner submits that the petitioner as complainant lodged the present complaint under Section 138 of the N.I.Act on 24.10.2019. After a long lapse of time, the Trial Court has taken plea on 10.05.2023 and fixed next date, i.e. on 12.06.2023 for recording evidence of the complainant. Thereafter no evidence has been taken as yet and the Court below is granting adjournments one after another and thereby indulging the opposite party to drag the proceeding, which is required to be disposed of within a specific time frame. 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 therein, the opposite party will have no cause to prejudice and as such service of copy of application upon the opposite party is dispensed with. 2 Having considered submissions made on behalf of the petitioner and that the recording of evidence in this case has got stalled for a period of 3 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, CRR 3206 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the said proceeding and to make his best effort to conclude the entire proceeding preferably 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. )