Alok Kumar Hazra @ Alok Hazra vs The State Of West Bengal
2022 Latest Caselaw 2414 Cal

28.04.2022 Item No.43 Mithun Ct.42

CRR 308 of 2012

Alok Kumar Hazra @ Alok Hazra Vs.

The State of West Bengal.

Mr. Kallol Mondal, Adv.

Mr. Amal Krishna Samanta, Adv.

...for the petitioner

Mr.Pratick Bose, Adv.

...for the State.

This is an application under Section 401 read with

Section 482 of the Code of Criminal Procedure filed by

the convict of C.R. Case No.110 of 2007.

The petitioner faced trial in a case under Section

138 of the N.I.Act before the learned Additional Chief

Judicial Magistrate, Haldia. By an order dated 27 th

June, 2011, the petitioner was convicted and sentenced

to suffer simple imprisonment for one day till rising of

the Court and to pay compensation of Rs.2, 00,000/- to

the complainant under Section 357 of the Cr.P.C. within

one month from the date of this order.

The petitioner preferred an appeal against the said

order of conviction and sentence before the learned

Additional Sessions Judge, Fast Track 2 nd Court at

Haldia. The learned Judge in appeal affirmed the

judgment passed by the Trial Court and the appeal was

eventually set aside.

The instant criminal revision has been filed by the

petitioner assailing legality, validity and propriety of the

order passed by the learned Appellate Court.

Mr. Mondal, submits that the petitioner is ready

and willing to pay remaining compensation amount in

the Trial Court. It is also submitted by Mr. Mondal that

this Court by an order dated 29th February, 2012

directed the petitioner to deposit a sum of Rs.75,000/-

in the Court below. The petitioner deposited the said

amount on 3rd April, 2012 in compliance of the said

order passed by this Court.

It is also submitted by Mr. Mondal that a Co-

ordinate Bench of this Court passed an order on 21 st

September, 2021 directing the Trial Court to issue

bailable warrant of arrest and in the event the

petitioner is brought under arrest, the learned

Additional Chief Judicial Magistrate, Haldia would

release the petitioner on bail with condition to appear in

his/her Court in each and every working date till further

order of this Court.

Mr. Mondal further submits that the petitioner shall

deposit the balance amount of money within one month

but the above-mentioned condition passed by a Co-

ordinate Bench vide order dated 21st September, 2021

may be recalled.

From the submission made by Mr. Mondal, it

appears to this Court that the petitioner becomes finally

exhausted after procrastinating a proceeding under

Section 138 of the N.I.Act for a period of about 11

years.

Be that as it may, the petitioner is at liberty to

deposit the balance amount of compensation in the

Trial Court and on depositing such amount, the

condition passed by a Co-ordinate Bench of this Court

on 21st September, 2021 shall be waived.

On depositing the entire amount, final order in

criminal revision shall also be passed.

(Bibek Chaudhuri, J.)