Pradip Kumar Gupta @ Pradip Gupta vs Unknown
2022 Latest Caselaw 167 Cal

28   24.01.2022                            CRR 193 of 2022
NB
     Ct. No. 39
                  In the matter of:- Pradip Kumar Gupta @ Pradip Gupta             ...petitioner


                                    Mr. Satadru Lahiri,
                                    Mr. Prabhat Kumar Pandey,
                                    Mr. Safdar Azam.
                                                 ....for the petitioner.


                              Learned Counsel appearing on behalf of the petitioner submits as

                  follows.    For   the   dishonour   of   a   cheque    of   Rs.2,00,000/-,   the

                  accused/petitioner was convicted under Section 138 of the Negotiable

                  Instruments Act and was sentenced to pay compensation of Rs.2,50,000/-

                  and to suffer imprisonment in default. At the time of preferring the appeal,

                  the petitioner had already deposited a total sum of Rs.40,000/- before the

                  learned Trial Court which still remains with the learned Trial Court. Copies

                  of the receipts bearing of such deposit has filed in Court are taken on

                  record. .

                              Let the petitioner serve a copy of this application upon the de

                   facto complainant/opposite party no.2 by speed post with acknowledgment

                   due, within a week and file an affidavit of service to that effect on the next

                   date of hearing.

                              Let this matter appear as a 'Listed Motion' three weeks hence.

                              The operation of the impugned judgment and order and the

                   warrant of arrest issued, if any, shall remain stayed for a period of six

                   weeks from this date subject to the deposit of Rs.1,60,000/- i.e., the rest

                   amount of the cheque amount by the petitioner, without prejudice, before

                   the learned Trial Court within three weeks from this date. The complainant

                   shall be at liberty to pray for withdrawal of such sum before the learned

                   Trial Court upon providing necessary undertakings. This payment shall be
                                    2




 subject to the final decision of this Court.

           The petitioner shall be at liberty to pray for extension or

modification or vacating of the interim order upon notice to the other side.

           Parties shall act on a server copy of this order downloaded from

 the official website of this Court.

           .

(Jay Sengupta, J.)