In Re : Sk. Jahir Abbas vs State Of
2021 Latest Caselaw 4012 Cal

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30.07.2021

D/L 24 ab

C.R.R. 1146 of 2021 With C.R.A.N. 1 of 2021 (Via Video Conference)

Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

In re : Sk. Jahir Abbas, ... Petitioner

Mr. Kunal Ganguly, Mr. Arunave Ganguly, ... for the petitioner

Mr. Rana Mukherjee, ... for the State

Mr. Dipanjan Chatterjee, Mr. Kaushik Dey,

The petitioner was convicted by the learned Judicial

Magistrate, 5th Court, Hooghly, in connection with CR No. 60 of

2013, corresponding to T. R. No. 41 of 2013 under Section 138 of

the Negotiable Instruments Act,1881.

By the said order dated May 7, 2013, the learned

Magistrate directed the petitioner to pay Rs. 1,50,000/- to the

opposite party No. 1 as compensation within 30 days from the

date of the order. It was further directed that in case the

petitioner fails to pay the said compensation within the given

time, he shall suffer simple imprisonment for a period of twelve

months.

The said order was unsuccessfully challenged before the

learned Sessions Judge, Hooghly, in Criminal Appeal No. 07 of

2018.

After the judgment of affirmance of the learned Sessions

Judge dated March 30, 2019, the petitioner was arrested on

January 17, 2020, as he could not pay the compensation

amount.

This revisional application has been filed, challenging the

order of conviction passed by the learned Judicial Magistrate as

affirmed by the learned Sessions Judge.

It has been submitted by the learned advocate for the

petitioner that the petitioner has already undergone

imprisonment for more than 12 months.

The learned advocate appearing on behalf of the opposite

party No. 1, Mr. Dipanjan Chatterjee, places reliance upon a

judgement reported at (2017) 7 SCC 471 (Kumaran Vs. State of

Kerala), in support of the proposition that despite the accused

serving imprisonment, the amount of compensation still remains

recoverable.

The learned advocate for the petitioner submits that the

petitioner may be released on bail during the pendency of this

revisional application and the petitioner should be allowed to

proceed with this revisional application to challenge the orders

impugned on merit.

In view of the peculiar facts and circumstances mentioned

hereinabove, for the ends of justice I, as a special case, direct that

the petitioner shall be released on bail in connection with CR No.

60/2013, corresponding to T. R. No. 41 of 2013 filed before the

learned Judicial Magistrate, 5th Court, Hooghly, upon furnishing

a bond of Rs. 5,000/- (Rupees Five Thousand Only), with one

surety of like amount, subject to the satisfaction of the learned

Judicial Magistrate, 5th Court, Hooghly.

List this matter under the heading "Contested

Application" after six weeks.

(Kausik Chanda, J.)