SUNIL KUMAR MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking Sec. 483 of the Code of Criminal Procedure, the petitioner, who happens to be the complainant of a case relating to the offence punishable under Sec. 138 of the Negotiable Instruments Act now pending before the learned Metropolitan Magistrate, 6th Court, Calcutta, has approached this Court for a direction for expeditious conclusion of the trial. It is submitted that the aforesaid complaint was lodged on 29th Nov., 2012 and already six months from the date of filing of such complaint has been expired but till date, even plea has not been recorded. It is also contended that earlier several dates were fixed for recording plea but there is no progress due to the absence of the accused persons.

(2.) Having heard the learned Counsel for the petitioner, I dispose of this criminal revisional application directing the court below to take necessary steps to record the plea on the next date fixed for the same and if for any reason the plea is not recorded then in that case court must fix next date not beyond the period of a fortnight and then make all endeavours to conclude the trial strictly in terms of the provisions of Sec. 143 of the Negotiable Instruments Act and shall make all endeavours so that the trial be concluded within four months from the next date fixed. I also make it clear that the learned court below shall not grant any unnecessary adjournments to either of the parties on any ground whatsoever.

(3.) Office is directed to communicate this order to the court below as well as to the opposite party No. 2 at once. Urgent Photostat certified copy of this order, if applied for, be given to the petitioner at an early date.