Biswanath Das vs Swapan Sen
2021 Latest Caselaw 4268 Cal

16.08.2021
Ct.42
Sl.2
KS                                 (Via Video Conference)
                                   C.R.M.S.P.L. 9 of 2021
                                           With
                                  IA No. C.R.A.N. 1 of 2021
                                     Biswanath Das
                                           -Vs.-
                                      Swapan Sen
                                Mr. Sourav Chatterjee
                                Ms. Subhasree Patel
                                Mr. Soham Banerjee
                                                  .....For the Appellant



                                   IA No. C.R.A.N. 1 of 2021




                   Affidavit of service filed in compliance of the Court's order

             appears to show that the item delivery has been confirmed and a copy

             of the application under Section 5 of the Limitation Act has been

             served upon the opposite party but none appeared.

                   Hence, upon hearing Mr. Sourav Chatterjee, learned counsel for

             the appellant, the application under Section 5 of the Limitation Act for

             condonation of 446 days delay in preferring appeal is taken up for

             hearing. Mr. Chatterjee refers to paragraph 8 of the application to

             submit that after the pronouncement of the impugned judgment and

             order dated 27.11.2019 the petitioner applied for the certified copy of

             the same on 05.12.2019 which was supplied on 07.12.2019 but due to

             an inadvertent mistake, the revisional application was filed against the
                                    2




said judgment and order of acquittal being C.R.R. No.687 of 2020 on

20.02.2020

. But, by an order dated 12.03.2020, the revisional

application was disposed of as not pressed, because the petitioner had

inadvertently chosen a wrong forum. Explanation for the delay of 446

days sought to be condoned is sufficient.

Accordingly, the delay is hereby condoned in consideration of

Section 14 of Limitation Act.

The special leave to appeal against the judgment and order

dated 27.11.2019 whereby the learned Sessions Judge, in Criminal

Appeal No.5 of 2018 had acquitted the opposite party by setting aside

the judgment dated 30.12.2017 passed by the Additional Chief Judicial

Magistrate, Bidhannagar, North 24 Parganas in Complaint Case

No.710 of 2015 is granted.

Thus, the application for condonation of delay being, IA No.

C.R.A.N. 1 of 2021 is hereby allowed and disposed of.

Accordingly, the application for grant of special leave to appeal

being, C.R.M.S.P.L. 9 of 2021 is also allowed and thus disposed of.

(Shivakant Prasad, J.)