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Judgment
The authorised representative of the petitioner-company appearing in person has submitted that a complaint case under section 138 N.I. Act is pending before the learned Judicial Magistrate, 7th Court at Alipore, South 24-Parganas at the stage of execution of warrant of proclamation and attachment which is fixed on May 30, 2018.
It is pointed out that the case was at the stage of evidence when the accused was found absent by filing a petition and the prayer for adjournment was rejected. The bond was forfeited by starting a miscellaneous case under section 446 CrPC against the security vide order dated April 21, 2017. So the warrant of arrest was issued. Again the accused surrendered and obtained bail. Thereafter the date was fixed for hearing. Further order sheet reveals that the accused was absent by petition and WPA issued by the learned Magistrate which is still pending for execution and next date fixed on May 30, 2018. The petitioner has prayed for direction upon the learned Magistrate to dispose of the proceedings as expeditiously as possible.
Matter be heard in presence of both the parties. The petitioner is directed to serve a copy of this revisional application on the opposite parties within one week by speed post with acknowledgment due and to file affidavit of service.
List this matter on April 9, 2018.