Authority: Calcutta Judicial Magistrate, 15th Court, Calcutta (Judge Dr. Ajoy Kumar Mukherjee)
Order Date: 16 July 2026
Case Overview
- Parties: Petitioners – M/s. Destiny Finance Pvt. Ltd.; Respondents – The State of West Bengal & Anr.
- Case Number: CS case no. 96856 of 2018, filed under Sections 138 and 141 of the Negotiable Instrument Act, 1881.
- Procedural History: Evidence‑in‑chief of the complainant was recorded on 18 February 2024. Since then, the trial court fixed 9 to 10 dates for cross‑examination of the complainant, but each date was adjourned owing to the absence of the accused, the presiding officer, or because of resolutions taken by the bar.
- Delay Issue: The trial has been effectively stalled since 16 February 2024, and the repeated adjournments were not supported by cogent reasons, causing inordinate delay and prejudice to the petitioner.
Final Outcome
- The Court finds the petitioner's prayer justified and necessary to secure the ends of justice.
- Service of a copy of the application on the opposite parties is dispensed with.
- The Court directs the lower court to make every endeavour to conclude the trial as expeditiously as possible, preferably within a period of six months from the next date of hearing.
- An urgent photostat certified copy of this order may be issued to the parties upon compliance with requisite formalities.
Topics: Court Order, Trial Expediting, Judicial Delay