Shyamal Pal vs Unknown
2022 Latest Caselaw 509 Cal

Court No.

Item 9 CRR 1856 of 2021 tbsr CRAN 1 of 2021 11.02.

In the matter of:- Shyamal Pal

Mr. Asif Dewan .....for the petitioner

Mr. Saket Sharma .....for the OP2

Affidavit of service filed on behalf of the petitioner

is taken on record.

After going through the application and hearing the

learned counsels for the petitioner and the complainant

opposite party, I am satisfied with the explanation

provided for the delay in preferring the revision.

Accordingly, the delay is condoned.

CRAN 1 of 2021 is disposed of.

Learned counsel for the petitioner further submits

as follows. For the purported dishonour of cheque of Rs.

4.5 lakhs, the petitioner was directed to pay a fine of Rs.

5 lakhs. It is the petitioner's case that the cheque was

obtained by coercion and a GD entry was also lodged in

this regard. The prosecution could not prove any

consideration behind the issuance of the cheque. The

learned Courts failed to appreciate the points taken up by

the accused petitioner.

Let the petitioner serve a copy of the revisional

application upon the learned advocate on record of the

complainant opposite party within a week and file an

affidavit of service to that effect on the next date.

Let this matter appear as a "Contested Application"

three weeks hence.

Subject to the deposit of Rs. 4.5 lakhs by the

petitioner, without prejudice, before the learned trial

court within three weeks from this date the operation of

the impugned judgment and order shall remain stayed

for a period of six weeks from this date. The complainant

opposite party shall be at liberty to withdraw the said

sum upon furnishing usual undertakings. The payment

shall, however, be subject to the final decision in this

revision.

The parties shall be at liberty to pray for extension

or modification or vacating of the interim order upon

notice to other side.

Urgent photostat certified copy of this order may be

supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)