Disposed¶18

M/S Shree Shyam Udyog and Ors. v. M/S Asmi Construction and Ors.

Calcutta HC21 Feb 2024CRR/66/2024

Case brief

AI extract

What is this about?

Section 138 Negotiable Instruments Act; Section 143 N.I. Act; expeditious disposal of cheque-bounce complaint; first hearing fixed after six months; unnecessary adjournment; C.R. Case No. 1071 of 2023; Judicial Magistrate 1st Court Siliguri; revisional application CRR 66 of 2024; Calcutta High Court Circuit Bench at Jalpaiguri; Bibhas Ranjan De, J.; notice on respondents dispensed with; M/s Shree Shyam Udyog v. M/s Asmi Construction.

What did the court decide?

Request to the learned Judicial Magistrate, 1st Court, Siliguri to dispose of C.R. Case No. 1071 of 2023 (Section 138, Negotiable Instruments Act) as expeditiously as possible without unnecessary adjournments; service on respondents dispensed with; petitioners' counsel at liberty to communicate the order. ¶18

M/S Shree Shyam Udyog and Ors. Vs M/S Asmi Construction… — Cheque Dishonour | Calcutta HC (2024)

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether a necessary direction should be given to dispose of C.R. Case No. 1071 of 2023 (Section 138, Negotiable Instruments Act) in compliance with the provision under Section 143 of the N.I. Act.

¶11

Court's answer

The learned Judicial Magistrate, 1st Court, Siliguri was requested to dispose of C.R. Case No. 1071 of 2023 under Section 138 of the Negotiable Instruments Act as expeditiously as possible, without granting any unnecessary adjournment to either party.

¶16

Ratio / Principle

Considering the prayer of the revisional application, the Court found no reason to serve notice upon the respondents, and service upon them was dispensed with.

¶12

Key takeaways

Learned counsel for the petitioners was given liberty to communicate this order to the learned Judicial Magistrate, 1st Court, Siliguri.obiter¶17

Detailed headnote1 paragraphs

Calcutta High Court, Circuit Bench at Jalpaiguri (Bibhas Ranjan De, J., 21.02.2024) in CRR 66 of 2024 — M/s Shree Shyam Udyog & Ors. v. M/s Asmi Construction & Ors.: Petitioners sought expeditious disposal of C.R. Case No. 1071 of 2023 filed under Section 138 of the Negotiable Instruments Act, pending before the learned Judicial Magistrate, 1st Court, Siliguri, it being submitted that although Section 143 of the N.I. Act mandates speedy trial, the learned Magistrate fixed the first date only after a lapse of six months. Finding no reason to serve notice on the respondents, the Court dispensed with service, requested the Magistrate to dispose of the case as expeditiously as possible without granting any unnecessary adjournment to either party, and permitted petitioners' counsel to communicate the order to the Magistrate. The revisional application stood disposed of.

M/S Shree Shyam Udyog and Ors. v. M/S Asmi Construction and Ors.

Case brief

What is this about?

What did the court decide?

M/S Shree Shyam Udyog and Ors. v. M/S Asmi Construction and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Depali Singh @ Dipali Singh Vs Rajiv Ranjan Kumar @ Rajeev Singh @ Rajeev Ranjan Kumar

Bipin Singha and Anr. Vs State of West Bengal and Anr.

Laxmi Tamsang Vs Bina Lohagoon@Bina Thapa and Ors.

Smt. Sumitra Bhadra Vs the Divisional Manager , United India Insurance Company Ltd. and Anr.

Soma Sarkar(Roy) Vs Bimal Chandra Roy

M/s. Dilip Kumar Das and Sons Vs the Executive Engineer and Anr.