Baidyanath Banerjee vs Sri Atri Kumar Dey
2021 Latest Caselaw 4758 Cal

D/L48. C.R.R. No. 1645 of 2012 September (Via Video Conference) 10, 2021 Bpg In Re: An application under Section 482 read with 401 of the Code of Criminal Procedure.

Baidyanath Banerjee Versus Sri Atri Kumar Dey

None appears for the petitioner or for the opposite party.

The subject-matter of the case relates to an order of

conviction and sentence in a case under Section 138 of the

Negotiable Instruments Act.

Having regard to the fact that the initial judgment was

passed by the learned Magistrate in the year 2010 and by the

learned appellate court in the year 2012 and more than nine years

have passed since then, I am of the view that further pendency is

unwarranted in the present circumstances. However, as the

subject-matter involves question of conviction and sentence, the

matter is not addressed on merits by this Court.

Accordingly, the revisional application being CRR 1645 of

2012 is dismissed for default.

The learned Judicial Magistrate, 3rd Court, Bankura is

directed to execute the sentence which was passed by its judgment

and order dated 10th March, 2010. In the event, any deposit which

has been made, the same may be released to the complainant in

case proper application is advanced.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

Department is directed to communicate this order to the

learned jurisdictional court.

Department is also directed to send back the lower court

records forthwith to the jurisdictional court.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)