Subrata Chakrabarty vs Mr. Mahes Ch. Maheswari
2022 Latest Caselaw 5205 Cal

08.08. 2022 item No.53 n.b.

ct. no. 34 CRR 2519 of 2009

Subrata Chakrabarty Vs.

Mr. Mahes Ch. Maheswari

Mr. Ayan Bhattacharjee, Mr. P. Khan, Mr. S. Majumder, .....for the Petitioner Mr. Arijit Ganguly, Mr. Sandip Chakraborty, .....for the State.

Mr. Satadru Lahiri, Mr. Swafdar Azam, Mr. S. Dasgupta .... For the opposite party.

Report submitted by the learned advocate for the

State be kept with the record.

Record reflects that the opposite party has been

served and Learned lawyer has been communicated who is

present in Court on behalf of the private opposite party but it

has been submitted by him that Mr. Ayan Bhattacharjee

earlier appeared in this matter and he has no instruction to

proceed with the revisional application.

The revisional application is in respect of the

revisional Court's order wherein the judgment and order of

conviction and sentence was affirmed under Section 138 of the

N.I. Act.

In view of the frustration expressed by the Learned

advocate for the petitioner regarding his inability, I direct the

interim order earlier granted to be vacated. Learned

Metropolitan Magistrate, 14th Court, Calcutta would issue

warrant of arrest against the petitioner for serving out the

sentence as directed in the Judgment and order dated August

28, 2008 passed by the said Court. Compliance of the same be

reported to this Court within three weeks from the date.

Registrar(Judicial Service), High Court, Calcutta is

directed to communicate the order to the Learned Metropolitan

Magistrate, 14th Court, Calcutta and obtain a report for

furnishing the same on the next date fixed for hearing.

List the revisional application under the heading "To

Be Mentioned" on August 30, 2022.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)