Disposed¶11

Usha Martin Limited v. State of West Bengal and Ors.

Calcutta HC23 Jul 2026CRR/934/2026

Case brief

AI extract

What is this about?

Calcutta High Court, CRR 934 of 2026 (decided 23.07.2026), Dr. Ajoy Kumar Mukherjee, J. — Usha Martin Limited v. State of West Bengal & Ors.; expeditious disposal / speedy trial of Section 138 NI Act cheque-bounce complaint (C/19515 of 2023, amount Rs.1,39,33,567/-, insufficiency of funds) stalled about 3 years before Judicial Magistrate, 19th Court, Calcutta; direction to conclude proceeding preferably within six months from next date of hearing.

What did the court decide?

Direction upon the Court below to make every endeavour for expeditious disposal of Complaint Case C/19515 of 2023 and to make best effort to conclude the entire proceeding preferably within six months from the next date of hearing. ¶11

Usha Martin Limited Vs State of West Bengal and Ors. — Cheque Dishonour | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the Court below to expedite disposal of Complaint Case No. C/19515 of 2023 under Section 138 NI Act, which has remained stalled for about three years.

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Court's answer

Noting that the statute prescribes a time limit for early disposal of such proceedings and that the complaint had been stalled for about 3 years, the Court found the petitioner's prayer innocuous, causing no prejudice to the opposite party, and held it justified and required to be allowed to secure the ends of justice.

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Ratio / Principle

CRR 934 of 2026 was disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the said proceeding being C/19515 of 2023.

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Key takeaways

The Court below was further directed to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing.ratio¶11

Detailed headnote1 paragraphs

High Court of Calcutta (Dr. Ajoy Kumar Mukherjee, J.) disposed of CRR 934 of 2026 filed by Usha Martin Limited seeking a direction upon the Court below for expeditious disposal of Complaint Case No. C/19515 of 2023 under Section 138 of the Negotiable Instruments Act, pending before the learned Judicial Magistrate, 19th Court, Calcutta. The complaint, concerning a cheque bounce of Rs.1,39,33,567/- on the ground of insufficiency of funds, was lodged in 2023 after service of demand notice but had remained stalled for about 3 years, with the plea hearing yet to take place. Observing that the statute prescribes a time limit for early disposal of such proceedings and that the prayer was innocuous and caused no prejudice to the opposite party, the Court held the prayer justified and required to be allowed to secure the ends of justice, directing the Court below to make every endeavour for expeditious disposal and to conclude the entire proceeding preferably within six months from the next date of hearing.

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23.07.2026 Sl. No.04. D/L. Mithun. Ct.No.29.

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CRR/934/2026

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Usha Martin Limited Vs. State of West Bengal & Ors.

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Mr. Satadru Lahiri, Mr. Gaurav Purakayastha

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…for the petitioner Affidavit of service upon learned Counsel appearing on behalf of the opposite party in parallel proceeding is taken on record.

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In this application, the petitioner has prayed for a direction upon the Court below for expeditious disposal of Complaint Case No.C/19515 of 2023 under Section 138 of the Negotiable Instruments Act now pending in the Court of learned Judicial Magistrate, 19^th Court, Calcutta.

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Being aggrieved by the inordinate delay in disposal of the said proceeding, learned Counsel for the petitioner submits that the instant proceeding pertains to a Cheque Bounce case amounting to Rs.1,39,33,567/- on the ground of insufficiency of fund. After serving demand notice, the complainant/petitioner herein lodged the complaint in the year 2023 but the proceeding has got stalled since then and the plea hearing has also not been conducted as of yet. Therefore, he prayed for appropriate direction upon the Court below.

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Having heard learned Counsel for the petitioner, I find that the prayer made by the petitioner is innocuous and if it is allowed

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in terms of the prayer made therein, the opposite party will have no cause to prejudice. Considering the fact that the statute prescribes a time limit for early disposal of such proceeding and that in the instant case, the Complaint Case being C/19515 of 2023 has got stalled for about 3 years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice.

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In view of above, CRR 934 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the said proceeding being C/19515 of 2023 and to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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( Dr. Ajoy Kumar Mukherjee, J. )

Usha Martin Limited v. State of West Bengal and Ors.

Case brief

What is this about?

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Usha Martin Limited v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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