Sri Purnendu Das @ Khokan Das vs Sri Ramesh Kumar Yadav & Anr
2022 Latest Caselaw 8271 Cal

13.12.2022 Sl. No. 33.

Mithun.

Ct.No.42.

CRR/4265/2022

Sri Purnendu Das @ Khokan Das Vs.

Sri Ramesh Kumar Yadav & Anr.

Mr. Dipanjan Chatterjee, Adv.

Ms. Sananda Bhattacharyya, Adv. Ms. Richa Pramanik, Adv.

...for the petitioner.

Leave is granted to rectify the cause title of the instant

revision.

Judgment and order of affirmation of conviction and

sentence passed by the learned Additional Sessions Judge, 2 nd

Fast Track Court at Calcutta in Criminal Appeal No.25 of 2021

affirming the order of conviction and sentence dated 11 th January,

2021 passed by the learned Metropolitan Magistrate, 14 th Court,

Calcutta is assailed in the instant revision on the ground that the

petitioner issued the cheque in question in the year 2010 in

favour of the opposite party when there was admittedly no legally

enforceable date.

The instant revision be admitted.

Petitioner is directed to serve notice upon the private

opposite party under registered speed post with acknowledgment

due and to file affidavit of service within 3 weeks from the date of

this order.

The State of West Bengal be served through the learned

Public Prosecutor, High Court, Calcutta.

Execution of sentence passed in Case No.9569 of 2015 for

the offence punishable under Section 138 of the Negotiable

Instruments Act and affirmed in Criminal Appeal No.25 of 2021

vide order dated 31st October, 2022 be stayed for a period of six

weeks.

Liberty to mention.

(Bibek Chaudhuri, J. )