Calcutta High Court (Appellete Side)
Parimal Raj vs Unknown on 19 March, 2024
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
19.03.2024 IN THE HIGH COURT AT CALCUTTA Item No.103 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.
C.R.R. 1101 of 2024 In the matter of : Parimal Raj ... Petitioner. Mr. Balaram Pandit, Mr. Krishna Deo Das ... For the Petitioner.
The present revisional application has been preferred for expeditious disposal of C.R. Case No. 23 of 2023 which is a proceeding under Section 138 of the Negotiable Instruments Act and is pending before learned Additional Chief Judicial Magistrate, Dantan, Paschim Medinipur.
Learned advocate appearing for the petitioner submits that the accused/opposite party is evading the process of law by not appearing in court on the date so fixed by the learned trial court. It is also submitted that the next date has been fixed on 29.04.2024.
Having considered the fact that the accused is proceeding in a designed manner to delay the case, I direct the learned Magistrate would complete the process of Section 251 of the Code of Criminal Procedure on 29.04.2024 and in case the accused is absent, will insist the lawyer of the accused to participate in the process under Section 251 of the Code of Criminal Procedure. If there is non-cooperation from the side of the lawyer, the learned Magistrate would issue harsher process of law.
The learned Magistrate will be at liberty thereafter to consider any application under Section 143A of the Negotiable Instruments Act, if preferred at the instance of the 2 complainant. Thereafter the learned Magistrate would fix one date in a month to take the trial to its logical conclusion within a reasonable period of time.
With the aforesaid observations, the revisional application being CRR 1101 of 2024 is disposed of.
Pending connected application, if any, is consequently disposed of.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)