Chandan Das vs Unknown
2022 Latest Caselaw 436 Cal

09.02.2022 Court No.39 Item No.30 AP CRR 88 of 2022 (Through Video Conference)

In the matter of : Chandan Das .... Petitioner.

Mr. Soumik Ganguli Mr. S. Nandy Ms. Sampa Ghosh ... For the Petitioner.

Leave is granted to correct the cause title.

This is an application challenging a judgment and order

dated 10th December 2021 passed by the learned Sessions Judge,

Bankura in Criminal Appeal No.04 of 2021, thereby affirming the

judgement and/or order dated 13th April 2021 passed by the learned

Judicial Magistrate, 4th Court, Bankura in connection with C Case

No.128C of 2015 under Section 138 of the Negotiable Instruments

Act.

Learned counsel for the petitioner submits as follows. For the

dishonor of a cheque of Rs.6,00,000/-, a compensation was awarded

to the complainant/opposite party of a sum of Rs.10,00,000/-. The

prosecution failed to prove the case beyond reasonable doubt. The

consideration behind the cheque could not be proved.

Let the petitioner serve a copy of this application upon the

opposite party No.2 by speed post with acknowledgement due,

within a week. An affidavit of service to that effect shall be filed on

the next date of hearing.

Let this matter appear as "Contested Application" four weeks

hence.

Subject to the deposit of Rs.6,00,000/- i.e. the amount of

cheque by the petitioner, without prejudice, before the learned Trial

Court within a period of four weeks from date, the operation of the

impugned judgement and order shall remain stayed for a period of

six weeks from date. The complainant/opposite party shall be at

liberty to withdraw the said sum from the learned Trial Court upon

furnishing usual undertakings. However, such payment shall be

subject to the final decision of this Court.

The parties shall be at liberty to pray for extension or

modification or vacating of the interim order upon notice to the

order side.

Urgent photostat certified copies of this order may be

delivered to the learned advocates for the parties, if applied for,

upon compliance of all formalities.

(Jay Sengupta, J.)