Calcutta High Court (Appellete Side)
Ruchi Soya Industries Limited ... vs The State Of West Bengal And Ors on 12 May, 2022
12.05.2022
Item No.11
Suman
Ct.42
CRMSPL 15 of 2022
Ruchi Soya Industries Limited Company
Vs.
The State of West Bengal and Ors.
Mr.Sourabh Guha Thakurata
Mr. Bikash Kumar Roy
Ms. Tanuka Basu
Mr. Subhanu Nag
...for the petitioner
Mr. Anirban Mitra
Mr. Amit Halder
Md. Wasim Akram
...for the respondent No.5
Mr. Pravash Bhattacharya
Mr. Pratick Bose
...for the State
Complaint Case No.7174 of 2008 under Sections
138/141 of the Negotiable Instruments Act was
disposed of by the trial Court acquitting the accused
under Section 256 of the Code of Criminal Procedure.
Complainant under wrong belief preferred a criminal
revision before the learned Sessions Court which was
registered as Criminal Revision No.18 of 2017. It is
not in dispute that the complainant proceeded with
the said revision diligently. However, by an order
dated 17th September, 2018, the said revision was
dismissed on contest and order passed by the
learned Magistrate was confirmed. Against both the
orders stated above, the petitioner has preferred a
special leave to appeal along with an application
under Section 5 read with Section 14 of the
Limitation Act. The application for condonation of
delay was allowed by this Court vide order dated 21 st
April, 2022 holding, inter alia, that delay caused by
the petitioner in preferring the special leave to appeal
was mainly due to the fact that he diligently
proceeded with a wrong proceeding in a wrong
forum.
Learned advocate for the private opposite
parties submits vigorously that the petitioner cannot
challenge the finding on merit of Criminal Revision
No.18 of 2017. If the petitioner is aggrieved against
such order, he ought to have filed a revision before
this Court. In reply thereto, it is submitted by the
learned advocate for the petitioner that until and
unless he is permitted to challenge the order passed
by the learned Additional Sessions Judge, Bench-II,
City Sessions Court, Calcutta in her judgement dated
17.09.2018, the operative part of the said judgment
shall remain in force. Therefore, he has challenged
not only the order of dismissal of the complaint under
Section 256 of the Code of Criminal Procedure but
also the finding of the learned Revisional Court in
Criminal Revision No.18 of 2017.
While disposing of the application under Section
5 read with Section 14 of the Limitation Act on 21 st
April, 2022 this Court held that the petitioner had
chosen a wrong forum and diligently carried on a
wrong proceeding believing it to be the proceeding
where he can get relief. Thus, this Court has already
held that the order in Criminal Revision No.18 of
2017 was passed in a proceeding which cannot be
entertained according to law. In case of a wrong
proceeding the order passed in a proceeding
becomes automatically wrong and non est.
In view of such circumstances, I allow the
application for special leave to appeal. The petitioner
is directed to file Memorandum of Appeal within one
month from the date of this order.
The application is, thus, disposed of.
(Bibek Chaudhuri, J.)
