Dilip Kumar Bali vs The State Of West Bengal & Anr
2022 Latest Caselaw 588 Cal

 D/L 33                          C.R.R. No.1176 of 2017
February                                  With
15, 2022
                         CRAN 1 of 2017 (Old CRAN 1615 of 2017)
    Bpg.
                                 (Via Video Conference)

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Dilip Kumar Bali Versus The State of West Bengal & Anr.

The Present application has been preferred challenging

the order dated 23.11.2016 passed by the learned Additional

Sessions Judge, Chandernagar, Hooghly in connection with

Criminal Revision No.24 of 2016.

The grievance of the petitioner relates to an order of

acquittal being passed by the learned Magistrate in a case under

Section 138 of the Negotiable Instruments Act. The learned

sessions court while invoking its jurisdiction categorically opined

that the judgment was delivered by the learned Magistrate on 28th

February, 2014 and the revisional application was filed in the year

2016. On an appreciation of the reasons so assigned, the learned

revisional court was pleased to dismiss the application under

Section 5 of the Limitation Act.

I have perused the order passed by the leaned revisional

court and I find that there were reasons substantiating for not

allowing the application under Section 5 of the Limitation Act which

was filed after a considerable period of time.

Having regard to the conclusion arrived at and the

foundation on which the order has been passed, I am of the

considered view that no interference can be made.

Accordingly, CRR 1176 of 2017 along with CRAN 1 of

2017 (Old CRAN 1615 of 2017) is dismissed.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)