Swarup Chatterjee @ Swarup Kumar vs Unknown
2022 Latest Caselaw 165 Cal

Court No.

C.R.R. 3 of 2022 Item 52 Ssi

24.01.

In the matter of:- Swarup Chatterjee @ Swarup Kumar 2022 Chatterjee

(via video conference)

Mr. Sujoy Sarkar ...for the petitioner

This is an application challenging judgment and

order dated 8th March, 2021 passed by the learned

Additional Sessions Judge, 2nd Court, Suri, Birbhum, in

Criminal Appeal No 04 of 2015, thereby affirming the

judgment and order of conviction and sentence dated

30th December, 2014 passed by the learned Judicial

Magistrate, 3rd Court, Suri, Birbhum, in C.R. Case No.

465 of 2009.

Learned counsel appearing on behalf of the

petitioner submits as follows. For the dishonour of a

cheque of Rs. 100000/- (One lakh) simple

imprisonment was awarded to the petitioner for a period

of one month and the petitioner was directed to pay a

compensation of Rs. 1,25,000/- (one lakh twenty five

thousand) to the complainant/opposite party. This was

affirmed by the learned Appellate Court. The

prosecution had failed to prove the case beyond all

reasonable doubt. However, the petitioner is ready to

pay the said sum to the complainant without prejudice.

Let the petitioner serve a copy of this application

upon the opposite party by speed post with

acknowledgment due, within a week. An affidavit of

service to that effect shall be filed on the next date of

hearing.

Let this matter as a "Contested Application" three

weeks hence.

Subject to the deposit of Rs. 1 lakh, i.e., the

amount of cheque by the petitioner, without prejudice,

before the learned trial court within three weeks from

this date, the operation of the impugned judgment and

order of conviction and sentence shall remain stayed till

six weeks from this date. The complainant-opposite

party shall be at liberty to withdraw the said sum from

the learned trial Court upon furnishing necessary

undertakings. The payment shall be subject to the final

decision of this Court.

The parties shall be at liberty to pray for

extension or modification or vacating of the interim

order upon notice to the other side.

Urgent photostat certified copies of this order may

be delivered to the learned Advocates for the parties, if

applied for, upon compliance of all formalities.

The parties shall act on the basis of copy of the

order downloaded from the official website of this Court.

(Jay Sengupta, J.)