Sukuranjan Ghosh vs Unknown
2021 Latest Caselaw 657 Cal

27.01.2021

suman Ct.30 CRA 131 of 2020 With CRAN 1 of 2020 (Old CRAN 1121 of 2020)

(Via Video Conference)

In the matter of : Sukuranjan Ghosh ....Appellant

Mr. Abhinaba Dan Mr. Nitish Samanta ...for the appellant

This is an application for condonation of delay of

35 days in preferring an appeal being CRA No.131 of

2020.

It is stated by the petitioner that against the

judgment and order of acquittal in a case under Section

138 of the N.I. Act, the complainant filed a revisional

application inadvertently and out of bona fide mistake.

Subsequently, the said revisional application was

withdrawn and the instant appeal was filed after the

period of limitation.

On perusal of the application I find that causes

shown by the petitioner in support of delay in filing the

appeal is sufficient.

Accordingly, the delay is condoned. the appeal

be registered to its file.

This is an appeal under the proviso to Section

372 of the Code of Criminal Procedure against the order

of acquittal passed by the learned Additional Chief

Judicial Magistrate at Sreerampore in Complaint Case

No.741 of 2007

The complainant was the holder of the cheque

which was bounced. Therefore, the complainant was

deprived from realizing his lawful debt and hence he

should be treated as a victim.

Accordingly, the instant appeal is admitted.

Issue usual notices. Call for lower Court records.

(Bibek Chaudhuri, J.)