Kundu Tirtha - O - Vraman vs The State of West Bengal and Another

Ashim Kumar Roy, J.—Invoking Section 483 of the Code of Criminal Procedure, the petitioner, who is the complainant of a case relating to an offence punishable u/s 138 of the Negotiable Instruments Act, has approached this Court for a direction for expeditious conclusion of the trial relating to the said case.

Heard Mr. Tarique Quasimuddin, the Learned Counsel appearing on behalf of the petitioner as well as Mr. Rash Behari Mahato, the Learned Counsel appearing on behalf of the State. In spite of repeated calls, none appears on behalf of the opposite party No. 2. Affidavit of service filed in Court be kept with the records.

Upon perusal of the records of this case I find that the case in question relating to an offence punishable u/s 138 of the Negotiable Instruments Act involving dishonour of a cheque of Rs. 80,000/- was started on the basis of a complaint filed in Court in June, 2003 and in connection with the said case on August 22, 2005, the accused person was examined u/s 251 of the Code of Criminal Procedure. Thereafter, on November 8, 2006 the complainant was examined in chief and in part, but since then there has been no progress in the trial. I further find that the trial has been hauled up due to the repeated absence of the accused person and on a number of occasions the Court has to issue warrant of arrest to compel him to be present in Court. Although, according to the mandate of Section 143 of the Negotiable Instruments Act, the Court concerned shall make all endeavours to conclude the trial relating to the offence punishable under the said Act within six months from the date of filing of the complaint, but this case is pending since June 2003 and already six years eight months have been elapsed from the date of filing of the complaint.

In such circumstances, I direct the Learned Trial Court to conclude the trial positively within two months from the next date fixed for recording of evidence. If it is found that the accused is remain absent in Court and delaying the trial then in that case the Learned Magistrate is directed to take such steps as may be necessary to compel his presence in Court. It is directed the trial must be proceeded strictly in terms of the provisions of Section 143 of the Negotiable Instruments Act.

This application, 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.