Sc Dr. Sujay Das vs Smt. Sushmita Das & Anr
2022 Latest Caselaw 1028 Cal

07.03.2022
Ct. No. 42                                    CRA 402 OF 2018
   28
  Sc                                        Dr. Sujay Das
                                                   vs.
                                        Smt. Sushmita Das & Anr.
                                                --------

A learned advocate appears on behalf of Mr. Supriyo Das ... For the Appellant

The instant appeal arises against a judgment and order of

acquittal of the opposite party in a Misc. Case under Section 340 of

the Code of Criminal Procedure.

The appellant is the husband and the opposite party is the

wife. The appellant is a medical officer by profession. The opposite

party filed an application under Section 36 of the Special Marriage

Act praying for alimony pendente lite in Matrimonial Suit No. 30 of

2014. The husband/appellant contested the said proceeding by

filing written objection. Subsequently it is alleged by the

husband/appellant that the opposite party committed an offence

under Sections 193/196/199/200 of the Indian Penal code in court

proceeding and, therefore, he filed an application under Section 340

read with Section 195 of the Code of Criminal Procedure.

The appeal is pending since 2018. On 19th March, 2019 the

appeal was admitted. Today when the appeal is taken up for

hearing, it is submitted on behalf of Mr. Supriyo Das, learned

advocate that he has not come to this Court due to his personal

reason and the hearing of the appeal may be adjourned.

The hearing of the instant appeal is adjourned subject to pay

of costs of Rs.100 G.Ms. to be paid by the appellant by the next date

of hearing to the High Court Legal Services Committee. The

appellant is directed to file receipt of payment of such amount on

the next date of hearing.

List the matter on 17th March, 2022 at the top.

(Bibek Chaudhuri, J.)