Biplab Kumar Chowdhury vs Unknown
2021 Latest Caselaw 1942 Cal

BR   15.3.
19   2021
                                    CRLCP 7 of 2014
                                         With
                                    CRLCP 17 of 2013
                                         With
                                    CRR 1441 of 2013


             .

In the matter of : Biplab Kumar Chowdhury .... Petitioner Mr. Aniket Mitra .... For the petitioner

This is the second round of litigation in the form of contempt proceeding.

The complaint under Section 138 of the Negotiable Instrument Act was registered as case NO. C-1485 of 1999. The said case was disposed of by the learned Judicial Magistrate, 3rd Court at Barrackpore convicting the accused and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 40,000/-, in default to suffer rigorous imprisonment for six months with a further direction for payment of the said amount to the complainant. The accused preferred an appeal being criminal appeal No. 1 of 2008 assailing the judgment and order of conviction and sentence passed in the abovementioned complaint case. The appeal was allowed in part. The learned Appellate Court upheld the order of sentlence of payment of fine of Rs. 40,000/- , in default R.I. for six months. It was further directed that the entire fine amount should be paid to the complainant as compensation. The appellant deposited the said amount in two installments with the Judicial Cash Department of the Criminal Section at Barrackpore. The Judicial Cashier deposited the said amount in the non-refundable head of treasury, Government of West Bengal .

The complainant filed CRR 1441 of 2013 praying for

refund of the said amount. A coordinate Bench of this Court vide an order dated 5th June, 2013 disposed of the said criminal revision directing the Judicial Magistrate , 3rd Court to see that Rs. 40,000/- is paid to the complainant within seven days from the date of communication on this order A copy of the said order was also forwarded to the learned District and Sessions Judge Barasat, North 24-Parganas for his personal attention and necessary action in this regard.

The said order passed by a coordinate Bench of this Court however was not complied within the stipulated time frame which prompted the complainant to file a contempt petition being CRLCP 17 of 2013 alleging wilful, deliberate and continuous violation of order dated 5 th June, 2013 passed by a coordinate Bench in CRR No. 1441 of 2013.

Vide an order dated 25 th April, 2014 the CRLCP 17 of 2013 was disposed of directing the learned Judicial Magistrate, 3rd Court, Barrackpore to pursue the matter earnestly so that the amount is refunded to the petitioner/complainant within a reasonable time.

Learned District Judge, Barasat, North 24 - Parganas is also requested to keep an watch on the proceeding regarding refund of the amount to the petitioner /complainant. The said order was also not complied with by the then learned Judicial Magistrate, 3rd Court at Barrackpore. Non- compliance of the aforesaid order gave rise in the instant proceeding being CRLCP 7 of 2014.

Vide an order dated 1st September, 2017 , Honb'ble Justice Bagchi, J. called for a compliance report from the learned Additional Chief Judicial Magistrate, Barrackpore.

The record shows that Shri Mayukh Mukherjee, learned Additional Chief Judicial Magistrate, Barrackpore submitted a report on 11th October, 2017 stating certain facts about the steps that were taken to get back the

amount from the Government Treasury but the fact remains that the complainant has not received the said amount till date. A successor in office was stepped into the shoes of his predecessor is bound to follow and carry out the order passed by the same Court and specially by the Court of Appeal and the High Court sitting in revision.

It seems to this Court that since 2013 the learned Judicial Magistrate , 3rd Court, learned Additional Chief Judicial Magistrate, Barrackpore and the learned District Judge ,Barasat North 24- Parganas are engaged only in paper works without following the direction passed by this Court in CRR No. 1441 of 2013.

Therefore, the learned Judicial Magistrate, 3 rd Court, learned Additional Chief Judicial Magistrate, Barrackpore are directed to comply with the order passed by this Court in CRR No. 1441 of 2013 within ten days from the date of communication of this order . The learned District Judge ,Barasat North 24- Parganas is also directed to keep constant watch and vigil so that the order passed in CRR No. 1441 of 2013 is complied with within the time frame.

Learned advocate for the petitioner is directed to intimate this Court on 26 th March, 2021 as to whether this order is complied with or not. He is also directed to submit the names of the Judicial Magistrate, 3 rd Court, Additional Chief Judicial Magistrate, Barrackpore and the learned District Judge ,Barasat North 24- Parganas as well as the Judicial Cashier at Barrackpore for drawing up contempt and issuance of contempt notice against them if the order is not complied with.

Learned advocate for the petitioner is further directed to serve the server copy of this order to the learned Judicial Magistrate, 3rd Court, Additional Chief Judicial Magistrate, Barrackpore and the learned District Judge ,Barasat North 24- Parganas as well as the Judicial

Cashier, Criminal Section at Barrackpore by day after tomorrow (17th March, 2021).

The matter is returnable on 26th March, 2021.

( Bibek Chaudhuri, J. )