Manoj Beria @ Manoj Kumar Beria vs State Of West Bengal & Anr
2022 Latest Caselaw 1054 Cal

08.03. 2022 item No.2 n.b.

ct. no. 34 CRR 2716 of 2019

Manoj Beria @ Manoj Kumar Beria Vs.

State of West Bengal & Anr.

Mr. Karn Dudhwewala, .....for the Petitioner Mr. Swapan Banerjee, Ms. Puunima Ghosh .....for the State

Ms. Rituparna De Ghosh Mr. Siddhartha Paul ...For the opposite party.

Learned advocate for the petitioner argues on the issue of

limitation particularly relating to the filing of the complaint

pursuant to the judgment of the Hon'ble Supreme Court as well as

legislative amendments incorporated thereafter. Learned advocate

submits that there has been delay in filing the complaint and even

after evidence commenced before the Court at Alipore, the

complaint filed before the learned Metropolitan Magistrate after

return was initiated from the stage of Section 190 of Cr. P.C.

and/or Section 142 of the Negotiable Instruments Act, 1881.

Be that as it may, I find from the records of the case that

the petitioner participated in the trial and such prejudice was for

the first time raised before the appeal Court. The subsequent filing

cannot be a bar when the initial filing was within the stipulated

period as prescribed under the provisions of the Negotiable

Instruments Act, 1881.

At this stage, learned advocate appearing for the petitioner

submits that in this complaint case already a sum of

Rs.10,00,000/- have been deposited which has been withdrawn by

the complainant, another one lakh as compensation is to be paid.

Learned advocate prays for two weeks time.

Ms. Ritupuarna De Ghosh, learned advocate appearing for

the private opposite party prays for compensation.

List this matter under the heading "To Be Mentioned" on

March 23, 2022.

Let this matter mark as 'part heard'.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)