Trigger Apparels Ltd vs Unknown
2022 Latest Caselaw 554 Cal

   37
15.2.2022

sb

CRR 2003 of 2018 (Via video conference)

In the matter of : Trigger Apparels Ltd.

.......Petitioner

Mr. Ayan Bhattacharjee Mr. Meghajit Mukherjee ....for the petitioner

The present revisional application was preferred against the

order dated 27th February, 2018 wherein the learned Metropolitan

Magistrate, 14th Court, Calcutta was pleased to dismiss the

complaint being CS No. 1823 of 2015 for non-appearance of the

complainant under Section 256 of the Code of Criminal Procedure

and acquitted the accused persons.

Mr. Bhattacharjee, learned advocate appearing for the

petitioner has relied upon a judgment of the Hon'ble Supreme

Court passed in the case of Punjab State Warehousing

Corporation, Faridkot Vs. Shree Durga Ji Traders and Ors.

reported in (2011) 14 Supreme Court Cases 615 and submitted

that this Court while exercising its powers under Section 482 of

the Code of Criminal Procedure is entitled to revive the complaint

in an offence of such nature where presumption is in favour of the

complainant.

I have perused the judgment delivered by the Hon'ble Apex

Court which relates to an offence committed against the statutory

authority and the offences alleged are under Sections 406 and

409 of the Indian Penal Code.

In the present complaint case, Mr. Bhattacharjee, learned

advocate submits that the complaint case was transferred from

Coimbatore to Kolkata pursuant to the judgment of the Hon'ble

Supreme Court.

Learned advocate for the petitioner also submits that the

amended provisions prescribed that such complaint should be

reverted back to Coimbatore.

Be that as it may, presently, the complaint has no existence

in the eye of law and there is an order of acquittal, the statutory

provisions are to be adhered to.

Accordingly, I grant liberty to the petitioner to file an

application under the provision of Special Leave to Appeal which

could be filed within 15 days from date. The period which has

expired during the pendency of the revisional application because

of advice given by the learned lawyer, the petitioner should not be

penalised for the same.

In view of the aforesaid observations, the revisional

application being CRR 2003 of 2018 is dismissed.

Liberty is granted to the petitioner as above to prefer Special

Leave to Appeal.

The Department is directed to return the certified copy to the

petitioner after the same is replaced by the advocate-on-record of

the petitioner by photostat copies.

All parties are to act on the server copy of this order, duly

obtained from the official website of this Court.

Urgent photostat certified copy of this order if applied for, be

given to the parties, upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)