AGLOW MED LIMITED Vs. SATYAJIT CHAKRABARTY

JUDGEMENT

(1.) The petitioner, who happened to be the complainant of a case relating to an offence punishable under Section 138 of the Negotiable Instruments Act, involving dishonour of a cheque amounting to Rs. 1,17,475.06, now pending before the Learned Judicial Magistrate, 5th Court, Sealdah, invoking Section 483 of the Code of Criminal Procedure, has moved this Court for a direction for expeditious conclusion of the trial. It appears from the records that in connection with the aforesaid case complaint was filed on July 2, 1999. Therefore, the trial is pending for about 11 (eleven) years which is not in conformity with the mandate of Section 143 of the Negotiable Instruments Act. It further appears already the accused has been examined under Section 313 of the Code of Criminal Procedure and the trial is pending for recording of the defence evidence.

(2.) In such circumstances, I am of the opinion it would be just and proper to direct the Trial Court to conclude the trial positively within two months from the date of communication of this order. The Learned Magistrate is directed to proceed with the trial, as far as it is practicable, from day to day basis until its conclusion and no adjournment shall be granted to either of the parties unless the Court finds the same is necessary for ends of justice. This criminal revision, thus, stands disposed of. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgement to the parties, if applied for, as early as possible.