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Calcutta High Court · body

2026 DAILYLAW 41805 (CAL)

NEW DEBNATH INDUSTRY v. STATE OF WEST BENGAL AND ORS.

CRR/4013/2026 · 2026-09-21

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 Sl. No.1023. D/L. Mithun. Ct.No.29. CRR/4013/2026 New Debnath Industry Vs. State of West Bengal & Ors. Mr. Kalyan Chatterjee, Ms. Sudeshna Mondal …for the petitioner In this application, the petitioner herein is aggrieved with the order dated 30th April, 2026 by which the Court below has fixed accused person’s application dated 31st January, 2026 for hearing on 19.12.2026. Being aggrieved by the said order, learned Counsel for the petitioner submits that the accused has preferred a frivolous application wherein he has prayed for sending his admitted signature for comparison with the signature appearing in the cheque before a hand writing expert. He further submits that the cheque was dishonoured on the ground of “stop payment” and bank has not disputed the signature of the accused in the cheque and, therefore, comparison of accused person’s given signature with the signature appearing in the cheque does not appear in the present context. However, the Court below has fixed next date of hearing the aforesaid frivolous prayer after 12 months i.e. in the month of December, 2026. Therefore, he prayed for necessary direction upon the Court below for early disposal of said application filed by the accused on 31.01.2026 2 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, the service of copy of application upon the opposite party is dispensed with. Having considered submission made on behalf of the petitioner and that such complaint case filed under Section 138 of N.I. Act is required to be disposed of within a statutory time limit and that in the present case, the Court below has fixed next date after a period of 12 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 above, the instant application being CRR 4013 of 2026 is hereby disposed of with a direction upon the Court below to dispose of the accused person’s application dated 31st January, 2026 on the next date, i.e. 19.12.2026 or within a period of thirty days thereafter and from then on, he will make further endeavour to expedite the final 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. )