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2026 DAILYLAW 42724 (CAL)

ARINDAM CHAKRABORTY v. RAHUL KUMAR GUPTA

CRR/4037/2026 · 2026-09-24

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.9.2026 5. BD CRR 4037 of 2026 Arindam Chakraborty Vs. Rahul Kumar Gupta Mr. Jaydeep Biswas Mr. Kaushik Ghosh …for the Petitioner In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the proceeding being AC Case No. 3660 of 2017 presently pending before learned Judicial Magistrate, 6th Court, Alipore, South 24 Parganas. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner submits that the petitioner initiated the proceeding under section 138 of the Negotiable Instruments Act, on 10.11.2017 and since then about nine years have already been passed but not a single witness has been examined so far by the court below. The substance of the accusation has been read over and explained to the opposite party only on 12.12.2024 and since then no further development has taken place and the next date has been fixed on 14.12.2026 for evidence. Therefore, the petitioner has prayed for a direction upon the court below. Having heard learned counsel for the petitioner, I find that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the 2 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. Having considered the submissions made on behalf of the petitioner and that the present proceeding is pending for about nine years and that the hearing of the proceeding has practically got stalled for last two years and that under the statute the said proceeding is required to be disposed of within a time limit, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of the above, the instant application being CRR 4037 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the proceeding being AC 3660 of 2017 and to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing, without granting any unnecessary adjournments to either of the parties. 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.)