21.9.2026 1028 sb CRR 4094 of 2026 Rahul Ali Khan Vs. Debanjan Nayak Mr. Arindam Sen Mr. Saurav Basu Mr. Abu Sohel Mr. Rajdeep Pramanik Mr. Souvik Biswas Ms. Payel Maji …for the Petitioner In this application, the petitioner herein is aggrieved by the delay caused in disposal of the proceeding being C.R. case no. 49 of 2023 under Section 138/141 of the N.I. Act, 1981, presently pending before the learned Judicial Magistrate, 1st Court, Contai. Learned counsel for the petitioner submits that the petitioner preferred the present proceeding on 2nd March, 2023 and learned Magistrate after taking cognizance, issued process against the accused person but the said process returned with postal endorsement “refused”. Thereafter, learned Magistrate issued warrant of arrest against the accused/opposite party on 21.10.2024 and since then, the matter is pending seeking execution report of warrant of arrest. 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, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made 2 in the application the opposite party shall have no cause to prejudice, as such the service of copy of application upon the opposite party is hereby dispensed with. Having heard learned counsel for the petitioner and that the proceeding has practically got stalled since 21.10.2024 i.e. for about two 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 4094 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 same preferably within a period of six months from the next date of hearing. Learned court below will also be at liberty to take recourse under Section 84/85 of the BNSS in order to secure attendance of the accused/opposite party, if required. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)