M/S. Nicco Corporation Limited vs Popular Wires Pvt. Limited & Anr
2022 Latest Caselaw 747 Cal

22.02.2022 S/L No.16 KS (Via Video Conference) C.R.R. 4010 of 2011 M/s. Nicco Corporation Limited Vs.

Popular Wires Pvt. Limited & Anr .

None appears for the petitioner and for opposite parties.

This revisional application is listed today for hearing as "listed

motion".

The revisional application under Sections 397/401 read with

Section 482 of the Code of Criminal Procedure has been filed against

judgment and order dated 23.09.2011 passed by Learned Additional

District and Sessions Judge, 8 th Fast Track Court, Bichar Bhawan,

Calcutta in Criminal Appeal No.35 of 2011, thereby dismissing the

appeal and affirming the order dated 03.12.2010 passed by Learned

Metropolitan Magistrate, 11th Court in C/4464 of 2001 under Sections

138/141 of the N.I. Act. Learned Magistrate by his judgment and

order has dismissed the complaint case under Section 256 of the Code

of Criminal Procedure and passed an order of acquittal.

Till date, no notice has been served upon the opposite party

and no affidavit of service has been filed by the petitioner.

Perused the impugned judgment passed by Learned

Additional District and Sessions Judge, 8 th Fast Track Court, Bichar

Bhawan, Kolkata dated 23.09.2011. Learned Court has affirmed the

judgment and order passed by the Metropolitan Magistrate on the

ground that the Trial Court was justified in dismissing the

application when the Power of Attorney was not filed by the

petitioner. The appeal appears to have been barred by limitation and

the same was dismissed.

Having considered the contention of the petitioner, I find no

merit in the revisional application for interfering with the impugned

order.

Hence, the revisionial application is therefore, dismissed.

(Ananda Kumar Mukherjee, J.)