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Judgment
The affidavit of service filed on behalf of the petitioner in person is kept with the record.
The petitioner has prayed for direction for expeditious disposal of the case No.C-1229 of 2009 under Section 138 of the N.I. Act pending in the Court
of Judicial Magistrate, 7th Court, Alipore, South 24 Parganas. The case was at the stage of evidence. As on 10th March, 2014 when the accused was
on bail but since he took no step warrant of arrest was issued vide order dated 10th March, 2014 and by a put up petition, the accused surrendered
and obtained bail and the warrant of arrest was recalled. Again the date was fixed for evidence, but the accused absented without taking step on 8th
December, 2014 i.e. on the date of evidence and considering his conduct again warrant of arrest was issued and similarly by a put up petition,
Kashinath Shaw was admitted on bail. But the warrant of arrest is still pending for another accused and this accused again was found absent without
step. The accused Ramjee Shaw was again admitted on bail vide order dated 15th November, 2016, but again he absented. Then surety was directed
to be produced. Thereafter on 21st April, 2017 the learned Magistrate on scrutiny of the record found that since 15th January, 2013 record was fixed
for evidence but accused is in the habit of misusing the liberty of bail. The accused Ramjee Shaw is in custody from 18th November, 2015 to 16th
November, 2016 but his conduct did not improve. So, the prayer for time was rejected and bail bond was forfeited by starting miscellaneous case
under Section 446 of the Code of Criminal Procedure. Then warrant of arrest was issued fixing 20th June, 2017. As soon as warrant was issued on
21st June, 2017, Kashinath Shaw surrendered and was admitted on bail and the warrant of arrest was recalled against Kashinath Shaw. The date was
fixed for hearing. He was found absent by petition on 18th November, 2017, so, WPA was issued against the Ramjee Shaw. Since warrant of arrest
was pending against him and the same is still pending for execution and Kashinath Shaw another accused is also found absent by petition on all the
dates. Therefore, the learned Magistrate will take strong action against the accused persons for their appearance before the Court and conclude the
evidence as expeditiously as possible preferably within a period of six months from the date of communication of the order.
Thus, the revisional application being CRR No.621 of 2018 is disposed of.
Let a copy of the order be sent down to the learned court below for favour of information and necessary action.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.