Sri Kamal Krishna Ghosh vs Siddhartha Saha & Anr
2022 Latest Caselaw 2642 Cal

6.05.2022 S.D.

15.

C.R.R. 1832 of 2015

Sri Kamal Krishna Ghosh Vs.

Siddhartha Saha & Anr.

Mr. Swapan Banerjee Mr. Suman De ....For the State.

The matter has been listed for the second time, but none appears

for the petitioner.

Administrative notice was issued upon the petitioner through the

department.

As per the report, it is found that notice was delivered to the

petitioner. The report also indicates that notice was issued to opposite

party no.1, but it has been reported that the consignment report does

not disclose if the same has been delivered to the opposite party or not.

The report is taken on record.

The petitioner in this application has challenged the judgment

dated 9.3.2015 in connection with Criminal Motion No. 46 of 2014

passed by learned Additional Sessions Judge, First Court, Hooghly

arising of Criminal Complaint Case No. C.R. 179 of 2006 under Section

138 of the N.I. Act.

Perused the impugned order whereby order dated 24.1.2014

passed by learned Judicial Magistrate, 5th Court, Chinsurah in C.R.

Case No. 179 of 2006 was affirmed.

Learned Magistrate dismissed the case due to absence of the

complainant without steps on the date fixed for hearing. A revision

was preferred against the order of the learned Magistrate. Learned

Additional Sessions Judge dismissed the revision on the finding that

the dismissal of the case resulted in acquittal of the accused. Therefore,

the complaint had a file on appeal under section 378 (4) of Cr. P.C for

setting aside the finding of learned Magistrate.

I find no illegality or irregularity in the impugned order. As such

the revisional application is dismissed on its merit.

Let a copy of this order be sent to the Court of learned Additional

Sessions Judge, First Court, Hooghly for information.

(Ananda Kumar Mukherjee, J.)