Dropadi Fabrics vs Kushal Saraf & Anr
2022 Latest Caselaw 2233 Cal

20.04.2022 Sl. No. 2.

Mithun Ct.No.42. (Via Video Conference)

CRA/201/2019 Dropadi Fabrics Vs.

Kushal Saraf & Anr.

With CRA/245/2019 Mayank International Vs.

Kushal Saraf & Anr.

Md, Sabir Ahmed, Adv.

Mr. Ajit Kumar Mishra, Adv.

...for the appellant.

It is submitted by Md. Sabir Ahmed, learned Advocate for

the appellant that by a common judgment dated 28 th March,

2022 two appeals being CRA No.201 of 2019 and CRA No.245 of

2019 were heard and disposed of. Both the appeals were

allowed and judgments and orders of acquittal passed in two

separate cases, against which the above-mentioned appeals

were filed, were set aside. However, in Page 6 of the judgment

passed by this Court, inadvertently the order of setting aside of

the judgment passed by the Metropolitan Magistrate, 20 th

Court, Calcutta in CN/0092442 of 2016, corresponding to

T.R.No.5816 of 2016 dated 29th November, 2018 was not

recorded.

In view of such circumstances, the following paragraphs

be made part of the judgment dated 28th March, 2022:-

"The judgment and order of acquittal passed by the

learned Metropolitan Magistrate, 20th Court, Calcutta in

CN/0092442 of 2016 corresponding to T.R. No.5816 of 2016

dated 29th November, 2018 is liable to be set aside. CRA 245 of

2019 is accordingly allowed."

The above mentioned paragraph be made part of the

judgment dated 28th March, 2022 and the same be incorporated

in the judgment dated 28th March, 2022. The judgment passed

by this Court which was uploaded in the server be deleted and

after necessary correction, the fresh judgment duly signed by

this Court be uploaded in the server.

It is also submitted by Mr. Ahmed that the name of the

Advocate, appearing on behalf of the appellant was wrongly

recorded as Mr. Ajit Kumar 'Mitra' instead of Mr. Ajit Kumar

'Mishra'. Necessary correction be made in the judgment dated

28th March, 2022.

( Bibek Chaudhuri, J. )