Swapa Kumar Naskar vs Dilip Kumar Shaw & Anr
2022 Latest Caselaw 6155 Cal

S/L-1
31-08-2022
 KOLE
                           CRR 1680 of 2015
                                 With
                  CRAN 12 of 2018 (Old No. 2123 of 2018)
                                 With
                   CRAN 15 of 2020 (Old No. 92 of 2020)

                              Swapa Kumar Naskar
                                     -Vs.-
                            Dilip Kumar Shaw & Anr.

             Mr. Tapas Ghosh,
             Mrs. K. Samajpati,
             Mr. T. Chowdhury,
             Mr. P. Charkaborty,
             Mr. D. Bairagi,
                                                          ... for the petitioner.

             Ms. Jagriti Bhattaharyya,
                                                        ... for the respondents.

This is an application filed by the petitioner under Section

482 of the Code of Criminal Procedure in which the judgment

and order dated 19th March, 2015 delivered by Additional

Sessions Judge, 15th Court at Alipore in Criminal Appeal No. 96

of 2011, is impugned.

The matter relates to bounce of cheque and defalcation in

payment of the assured money under the said indenture.

Parties are represented before the Court today. It is

submitted that on last occasions the petitioner has submitted in

the lower Appellate Court the amounts of Rs. 1,25,000/- and Rs.

75,000/- respectively in compliance with the direction of the

Court.

It is further submitted on behalf of the petitioner and

agreed to on behalf of the opposite party that both of them have

come to a settlement in this matter, out of court. It is necessary

to further facilitate the settlement between the parties in this

matter that the said amount of money as stated above, which

were deposited earlier by the petitioner in Court may be

withdrawn. A copy of order passed in this matter on 23rd June,

2015 by a Coordinate Bench is handed over, in which the

petitioner was given liberty to withdraw the money, if necessary.

Perused the same. Perused the other materials available before

me on record.

After considering the same and the submissions made by

the respective parties, this Court is of the opinion that in view of

the nature of the case where non-payment of agreed sum of

money and bounce of cheque are alleged, settlement between the

parties if arrived at may be forfeited by an order of this Court, as

prayed for.

Accordingly, in the facts and circumstances as narrated

above, it is directed that the petitioner shall withdraw the money

to the tune of Rs. 2 lacs in total from the First Appellate Court

immediately, upon filing an application along with a copy (server)

of this order.

List the matter one week after the ensuing puja vacation.

Urgent photostat certified copy of this order be supplied to

the parties, if applied for, as early as possible.

( Rai Chattopadhyay, J. )