- (1.) HEARD Mr. Ayan Bhattacharjee, learned Advocate for the petitioner who moves this application praying for a direction upon the learned magistrate for expeditious disposal of the case which was filed sometime in the year of 1996 against the opposite party Nos. 2, 3 and 4 under Sections 138/141 of the N. I. Act. My attention has been drawn to the decision of this Hon'ble Court wherein a Hon'ble Judge of this court concerning the case directed the learned Magistrate to dispose of the case within a period of six months from the date of communication of the order. That order was communicated. It is submitted that the order was passed on 11. 7. 2008. Another month of July is approaching but there has not been any prospect in progress of the trial of the case. Now it is submitted by the learned Advocate for the petitioner that in view of the fact that the learned Magistrate has been granting adjournment for a long date the order of this Hon'ble court dated 11. 7. 2008 has not been complied with. It appears from the certified copy of the order dated 6. 11. 2008 the learned Magistrate fixed 2nd March, 2009 for hearing regarding acceptance of affidavit by the complainant. I am unable to understand why the hearing was necessary for acceptance of the affidavit filed by the complainant and it is also not understood how in the context of the order dated 11. 7. 2008, the learned Magistrate granted adjournment for 4 months at one go simply for the purpose of hearing regarding acceptance of the affidavit. Law is very clear in this respect. Section 145 of the Act provides that notwithstanding anything contained in the Code of the Criminal procedure, the evidence of the complainant may be given by him on affidavit.
(2.) IT seems to me that the learned Magistrate has not gone through the earlier order of this court dated 11. 7. 2008, In spite of fact that the case has entered 14 years of his existence, it is moving less than slowly.
(3.) I dispose of this application with the direction to the learned Magistrate to immediately dispose of the case having regard to the age of the case without granting adjournment to either of the parties on flimsy pretext. Learned Magistrate is once again reminded of the spirit of the law that mandates the Magistrate to make endeavour that the case can be disposed of within six months which has already been honoured in breach.;