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2026 DAILYLAW 43404 (CAL)

ANJANA BANERJEE v. SAPTARSHI SEN AND ANR

CRR/4034/2026 · 2026-09-24

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.9.2026 4. BD CRR 4034 of 2026 Smt. Anjana Banerjee Vs. Sri Saptarshi Sen & Anr. Mr. Tapan Kumar Jana …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. 1283 of 2024 presently pending before learned Judicial Magistrate, 9th 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 proceeding was initiated on 04.05.2024 against the opposite party no. 1 herein under section 138 of the Negotiable Instruments Act, and since then only cross-examination in part has been done in respect of complainant’s witness no. 1. The petitioner is a senior citizen and suffering a lot due to long pendency of the said proceeding. Learned Trial court has fixed the next date on 29.09.2026 i.e., after three months from the previous date for examination of the witnesses. He further submits that if the Trial is going on in this way nobody knows when it will come to an end. Under the statute such proceeding is required to be disposed of within a time limit and therefore he has prayed for an appropriate direction upon the court below. 2 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 opposite 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 submissions made on behalf of the petitioner and that the proceeding under section 138 of the Act, of the similar which is required to be disposed of within a specific time frame and that the present case is pending for more than two years, 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 4034 of 2026 is hereby disposed of with a direction upon the court below to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing. 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.)