Ashok Kumar Das vs Sanjay Paul
2022 Latest Caselaw 4780 Cal

 22, 23
26.07.2022

mb

C.R.R. 496 of 2019 with C.R.R. 1495 of 2019

Ashok Kumar Das Vs.

Sanjay Paul

In Re.: Applications under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Debojyoti Das ...for the Opposite party

The matters are listed today for final hearing.

Learned Advocate for the opposite party is

present. None appears for the petitioner.

Perused the applications and the previous orders

passed in connection with these matters.

The petitioner filed these revisional applications,

under Section 482 of the Code of Criminal Procedure

challenging the order dated January 18, 2019 passed by

learned Chief Judge, City Sessions Court, Calcutta in

Criminal Motion No. 187 of 2017 dismissing revision

wherein the petitioner had challenged the order dated

May 18, 2017 passed by learned Metropolitan Magistrate,

15th Court, Calcutta in connection with C. Case No.

16154 of 2008 under Section 138 of the Negotiable

Instrument Act.

Perused the impugned order wherein the

Criminal Motion No. 187 of 2017 was dismissed on

contest and the order passed by learned Metropolitan

Magistrate in C. Case No. 16154 of 2008 was affirmed.

The petitioner filed these revisional applications

on the ground that learned Judge, City Sessions Court,

Calcutta while affirming the judgment of the trial court

did not consider the link or connection between the

purported cheques and the alleged transactions. Learned

revisional Court ought to have held that the two

purported cheques cannot be assailed together in a single

proceeding and that sentence passed by the trial court

was in excess of its jurisdiction and contrary to the

principles laid down in Section 30 of the Code of Criminal

Procedure.

At the time of admission of the revisional

application by this Court, C.R.R. 1495 of 2019 was

admitted on condition that the petitioner should pay a

sum of Rs.10,00,000/- within seven days and the

judgment and order dated January 18, 2019 passed in

Criminal Motion No. 187 of 2017 shall remain stayed for

a period of six weeks from that date and the order of the

learned Magistrate dated May 18, 2017 in C. Case No.

16154 of 2008 shall also remain stayed.

Learned advocate for the opposite party submits

that the petitioner herein did not comply with any of the

conditions and no payment was made. It is also pointed

out that the petitioner approached the Hon'ble Supreme

Court and filed Special Leave to Appeal (Crl.) No. 8545 of

2019, which was dismissed.

After having vacated the interim order of stay by

order dated July 19, 2022, the petitioner has not

appeared before the Court. In view of the facts and

circumstances of the case, I am not inclined to

accommodate the petitioner any further.

I do not find any illegality, irregularity or

impropriety in the impugned order passed by Chief

Judge, City Sessions Court at Calcutta in Criminal

Motion No. 187 of 2017 nor in the order passed by

learned Metropolitan Magistrate, 15th Court, Calcutta in

C. Case No. 16154 of 2008.

Accordingly, the petitioner's applications,

bearing nos. CRR 496 of 2019 and CRR 1495 of 2019,

are dismissed on merits.

Interim orders are vacated.

Let a copy of this order be communicated to the

learned Metropolitan Magistrate, 15th Court, Calcutta

with a direction that the sentence passed against the

petitioner be executed through the concerned police

station.

The parties shall act on the server copy of this

order downloaded from the official website of this Court.

Urgent photostate certified copies of this order, if

applied for, be made available to the parties upon

compliance of all requisite formalities.

(Ananda Kumar Mukherjee, J.)