Sri Dudh Nath Sharma vs Sri Kewal Singh
2022 Latest Caselaw 2427 Cal

 D/L 3                             C.R.R. No.1282 of 2016
April 28,                                  With

                                    CRAN 1501 of 2016
   Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Sri Dudh Nath Sharma Versus Sri Kewal Singh

Mr. Sumanta Ganguly, Mr. S.A. Tarafder.

...for the petitioner.

In Re: CRAN 1501 of 2016

As the subject matter of the revisional application relates

to a judgment and order of conviction and sentence and the learned

advocate appearing for the petitioner has volunteered for depositing

the amount of fine which was passed by the learned Magistrate and

affirmed by the appellate court, I am of the opinion that for the ends

of justice, the application under Section 5 of the Limitation Act

should be allowed. Delay, as prayed for, is condoned.

Accordingly, the application being CRAN 1501 of 2016 is

allowed.

Learned advocate appearing for the petitioner submits

that pursuant to the order dated 10th March, 2022, the petitioner

has been taken into custody and he is still in custody.

The records of the revisional application reflects that the

petitioner was convicted and thereafter sentence was imposed for

commission of offence punishable under Section 138 of the

Negotiable Instruments Act and directed to suffer simple

imprisonment for one month and pay compensation to the tune of

Rs.2,50,000/-, in default to suffer simple imprisonment for one

year.

CRAN 2 of 2022 is treated as on day's list and taken up

for hearing.

In view of the application which has been submitted with

an undertaking that the petitioner intends to deposit a sum of

Rs.1,00,000/- by 5th May, 2022 and would deposit rest of the

amount of Rs.1,50,000/- by way of instalments.

So far as rest of the instalments are concerned, on or

before 7th June, 2022 the petitioner would deposit a sum of

Rs.40,000/-, by 7th July, 2022 another sum of Rs.40,000/-, by 5th

August, 2022 a sum of Rs.40,000/- and by 7th September, 2022,

the last sum of Rs.30,000/-. In case there is any default in respect

of any of the deposits being made within the time schedule so fixed

by this Court, the learned trial court will take the petitioner into

custody for recovery of whole/rest of the amount which are due.

On payment of a sum of Rs.1,00,000/- in connection

with Complaint Case No.186C of 2009, the learned Judicial

Magistrate, 6th Court, Howrah would release the petitioner on

interim bail with the condition to meet with the Officer-in-Charge of

Golabari Police Station once a week till the last instalments are

complete.

The Officer-in-Charge of Golabari Police Station will send

report regularly after the attendance of the petitioner is secured. In

case any of the conditions are not satisfied by the petitioner, the

learned Magistrate would execute the sentence as earlier directed by

order dated 10th March, 2022.

The amount so deposited by the petitioner would entitle

the complainant to withdraw the same from the learned Judicial

Magistrate, 6th Court, Howrah after taking out appropriate

application.

Accordingly, CRR 1282 of 2016 along with CRAN 2 of

2022 is disposed of.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

The learned Magistrate is directed to act in terms of the

directions passed above.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)