Asit Kumar Das vs Unknown
2021 Latest Caselaw 5703 Cal

17.11.2021
Court No.39
Item No.68                  C.R.R. 3663 of 2015
SB                          CRAN 1 of 2019
                            CRAN 2 of 2019
                            CRAN 3 of 2021


                     In the matter of : Asit Kumar Das

                     Mr. A. Chakraborty .... For the O.P.


                     Affidavit of service filed on behalf of the opposite party

              is taken on record.

                     It appears that notice could not be delivered on the

              petitioner in person. However, his learned advocate on record

              could be served with a notice.

                     Despite this, no one appears on behalf of the

              accused/petitioner.

                     Learned counsel appearing on behalf of the opposite

              party submits that his client is the complainant in this case. By

              an order dated 08.02.2016 passed by this Court, the

              impugned judgment and order of conviction and sentence

              passed against the petitioner by the learned Trial Court and

              as affirmed by the learned appellate Court was stayed,

              subject to the condition that the petitioner shall deposit the

              basic cheque amount of Rs. 6,00,000/- before the learned

              Trial Court below within fifteen days from the date of said

              order. The amount was not deposited within such time.

              However, subsequently in 2019 the accused deposited the

              sum pursuant to an order passed by this Court. The petitioner

              now prays that he may be allowed to withdraw the said sum

              from the learned Trial Court subject to the final decision of
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this Court. The petitioner is willing to furnish a bank guarantee

for the said amount before the learned Trial Court.

           It appears that the revisional application has been

pending for quite some time. On the last few occasions the

petitioner was not represented.

       Therefore, it would be in the interest of justice, if an

order is passed directing the complainant / opposite party to

withdraw the said sum equivalent to the cheque amount

deposited before the learned Trial Court subject to the certain

conditions.

       Accordingly, it is directed that the learned Trial Court

shall allow to the petitioner to withdraw the said sum at Rs.

6,00,000/- deposited before it by the petitioner subject to the

condition that appropriate bank guarantee shall be furnished

by the complainant / opposite party before the learned Trial

Court. This withdrawal shall be subject to the final decision of

the Court.

       With these observations, the application being CRAN 3

of 2021 is disposed of.

       Let this matter appear under the heading 'Contested

Application' three weeks hence.

       Urgent photostat certified copy of this order may be

  supplied to the parties expeditiously, if applied for.


       .

(JAY SENGUPTA, J.)