M/S. Akai Consumer Electronics ... vs State Of West Bengal & Ors
2022 Latest Caselaw 1000 Cal

04.03.2022 Item No.09 Suman Ct.42 (Via Video Conference)

CRMSPL 92 of 2016 With CRAN 1 of 2016 (Old CRAN 3613 of 2016)

M/s. AKAI Consumer Electronics India Ltd.

Vs.

State of West Bengal & Ors.

This is an application for Special Leave to Appeal

filed by the complainant against the judgment and order

of acquittal passed in Complaint Case No.

CS/414301/14. The application for Special Leave to

Appeal was filed on 14th September, 2016. The said

application was hopelessly barred by limitation by 243

days and an application under Section 5 of the

Limitation Act was filed. By an order dated 27th

September, 2016, this Court directed the petitioner to

serve a copy of the application under Section 5 of the

Limitation Act upon the opposite parties. But the

petitioner has not complied with the said order. The

matter is unnecessarily pending for almost six years.

Considering the fact that the complainant has not

taken any step for the last six years in connection with

the application under Section 5 of the Limitation Act and

the application for Special Leave to Appeal, it is

presumed that the petitioner is not willing to proceed

with the case.

Therefore, the application under Section 5 of the

Limitation Act is rejected.

As the application for Special Leave to Appeal is

barred by limitation, the same is also rejected for non-

prosecution.

(Bibek Chaudhuri, J.)