PRAVIN N.SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The proceeding in Case No. C/23151/2012 under Sections 138/141 of the Negotiable Instruments Act, 1881 pending before the learned 4th Metropolitan Magistrate, Calcutta has been assailed.

(2.) Mr. Ayan Bhattacharyya, learned advocate appearing for the petitioners restricted his submissions to the fact that his clients may be permitted to respond to the questions in writing under Section 313 of the Code of Criminal Procedure in response to a questionnaire by the Court in view of the law declared by the Apex Court in the case of Basavaraj R. Patil & Ors. vs. State of Karnataka & Ors. [2000 (8) SCC 740]. He further submitted that the petitioners are all residents of Maharashtra and some of them are also women who are confined to household work.

(3.) There would be undue delay if the petitioners are required to appear in person and respond to the examination under Section 313 of the Code of Criminal Procedure. Mr. Saibal Mondal, learned advocate appearing for the opposite party no.2 submits that due to procrastination by the petitioners, there is undue delay in the trial.