Somnath Roy vs Tapash Kanti Mondal
2022 Latest Caselaw 1325 Cal

21.03. 2022 item No.5 n.b.

ct. no. 34 CRR 1077 of 2018

Somnath Roy Vs.

Tapash Kanti Mondal

Mr. Sandip Chjakraborty, Mr. Arun Kumar Upadhyay .....for the Petitioner

Mr. Suman Sankar Chatterjee .. .. for the opposite party.

Supplementary affidavit filed on behalf of the petitioner be

kept with the record.

Record reflects that the petitioner has deposited a sum of

Rs.2,40,000/- in two stages.

The purpose for which the Act was amended and

provisions of Negotiable Instruments Act were incorporated was

with the sole object of speedy remedy in case of cheques being

dishonored.

In this case the petitioner approached the Court for

cheque being dishonored and the criminal proceedings reached at

the stage of Section 313 of the Code of Criminal Procedure.

Having regard to the Judgments of the Hon'ble Supreme

Court in the case of Damadar S. Prabhu Vs. Sayed Babalal H

reported in (2010) 5 SCC 663 and the guidelines set out therein in

paragraph 21(i)(b)(c) and in the case of Meters and Instruments

Private Limited & Another Vs. Kanchan Mehta reported in (2018)1

SCC 560 I am of the opinion that the amount of the cheque and

the extra amount of Rs.40,000/- towards compensation are just

and proper in the background of the facts and circumstances of the

case and the time at which the present petitioner initially offered

the amount. The learned advocate for the complainant is present

but he is unwilling to accept the money which has been deposited.

Having considered the primary object of the act

particularly civil wrong being converted into a criminal proceeding

pursuant to the legislative intention of amendments in the original

Act of 1881, the further continuance of C.R. Case No. 102 of 2008

pending before the learned Judicial Magistrate, 4th Court Burdwan

is unwarranted. Accordingly, the said proceedings are quashed.

The complainant seems to be emotional in view of other

additional facts including the time period, which has elapsed but

the Court cannot resolve beyond the legislation and the settled

principles of law. Accordingly, the complainant would be at liberty

to claim whole of the amount of Rs.2,40,000/- by taking out

appropriate application before the learned Judicial Magistrate, 4 th

Court Burdwan before whom the amount of Rs.2,40,000/- has

been deposited by the accused person.

With the aforesaid observations, CRR 1077 of 2018 is

allowed.

Interim order, if any, is made absolute.

All pending connected applications, if any, are

consequently disposed of.

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

downloaded from the official of this Court.

( Tirthankar Ghosh, J.)