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Judgment
[1] Heard Mr. Samar Das, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Addl. P.P. appearing for the State.
[2] By means of this revision petition filed under Section 397 read with Section 401 of the Cr.P.C, the order dated 20.05.2016 delivered in N.I. 06 of 2016 has been challenged. For purpose of reference the entire text of the order is extracted hereunder:
Present
Sri R. Bhattacharjee Addl. Chief Judicial Magistrate West Tripura, Agartala Case No.N.I. 6 of 2016
20.05.2016
No step filed on behalf of the complainant as per previous order today one last and final chance was given to the complainant to appear before the Court along with relevant documents for the purpose of taking cognizance.
Today also the complainant is absent without any step the complainant by not appearing before the court is virtually obstructing the further proceeding of this case and the court is finding practical defect to further proceed with the case.
Hence the conduct of the complainant is only to drag the proceeding of this case.
NI Act cases should be disposed of expeditiously and the complainant is delaying the procedure without and basis and cogent ground. So the present case is dismissed for non prosecution and for non appearance of the complainant.
The case is disposed of un contested.
Make entry in the T.R.
[3] Mr. Das, learned counsel appearing for the petitioner has submitted that when the case was transferred from the court of the Chief Judicial Magistrate to the court of the Addl. Chief Judicial Magistrate, no date was communicated and consequently no step could be taken when the matter was taken on 20.05.2016.
[4] Mr. Ghosh, learned Addl. P.P. has fairly acceded that having regard to the circumstances this court may interfere with the order dated 20.05.2016.
[5] As this court finds sufficient force in the submission of the counsel for the petitioner, the order dated 20.05.2016 is interfered with and set aside. The proceeding being N.I. 06 of 2016 be decided in accordance with the law.
[6] In the result, this application stands allowed and disposed of.
[7] Send down the LCRs forthwith.
[8] After receipt of the records, the court of the Chief Judicial Magistrate shall appoint a date and inform the counsel on records.