Niladri Bhattacharyya @ Niladri ... vs Unknown
2022 Latest Caselaw 521 Cal

Court No.

Item 6 CRR 389 of 2022 tbsr

11.02.

In the matter of:- Niladri Bhattacharyya @ Niladri Sekhar 2022 Bhattacharjee

Mr. Arindam Jana Mr. S Chatterjee Mr. Prithish Bandyopadhyay .....for the petitioner

This is an application challenging an ex parte

affirmation of conviction and sentence passed by the

learned Appellate Court in respect of a proceeding under

Section 138 of the Negotiable Instruments Act.

Learned counsel for the petitioner submits as

follows. For cheques amounting to Rs. 1,49,300/- and

odd, the petitioner was directed to suffer imprisonment

for a period of six months and to pay a compensation to

the complainant of Rs. 2.4 lakhs. The prosecution could

not prove its case beyond reasonable doubt. During

appeal, although, the appellant was initially represented

by a learned advocate, at the time of final hearing the

petitioner went unrepresented. Yet, a judgment was

passed on merits.

Let the petitioner serve a copy of this application

upon the complainant opposite party by speed post with

acknowledgment due within a week and file an affidavit

of service to that effect on the next date.

Let this matter appear as a "Listed Motion" three

weeks hence.

Subject to the deposit of Rs. 1,49,300/- by the

petitioner, without prejudice, before the learned trial

court within three weeks from this date, operation of the

impugned judgment and order shall remain stayed for a

period of six weeks from this date.

The party 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.)