Sudipta Ghosh vs State Of West Bengal & Anr
2022 Latest Caselaw 6648 Cal

15.09.2022 Item No.169 Suman Ct.42

CRR 3434 of 2022

Sudipta Ghosh Vs.

State of West Bengal & Anr.

Mr. Debabrata Acharyya Mr. Sital Samanta ...for the petitioner

This is an application under Section 401 read with

Section 482 of the Code of Criminal Procedure filed by

the accused/petitioner who was convicted under Seciton

138 of the Negotiable Instruments Act and sentenced to

suffer six months imprisonment and also directed to pay

a sum of Rs. 3 lakhs towards compensation, in default,

to suffer imprisonment for three months. The aforesaid

order was passed by the learned Metropolitan

Magistrate, 16th Court, Calcutta in Complaint Case

No.6464 of 2006.

The petitioner challenged the said order of

conviction and sentence in appeal before the learned

Chief Judge, City Sessions Court vide Criminal Appeal

No.1 of 2020. The said criminal appeal was finally heard

by the learned Additional Sessions Judge, 1 st Fast Track

Court, Bichar Bhawan, Calcutta and by his judgment

dated 28th June, 2022 the learned Judge in the Court of

Appeal affirmed the judgment and order of conviction

and sentence passed in Complaint Case No.6464 of

2006.

Assailing the said order passed in criminal appeal

No. 1 of 2020, the petitioner has preferred the instant

revision.

The instant revision be admitted subject to

depositing a sum of Rs.3 lakhs in the trial Court within

ten days from the date of this order. On such deposit

being made by the petitioner, the execution of sentence

of imprisonment shall be stayed till 23 rd December,

2022.

The petitioner is at liberty to pray for extension of

order of stay.

The petitioner is further directed to serve notice of

the instant proceeding upon the private opposite party

No.2 under registered speed post with A/D and file

affidavit of service within two weeks after vacation. The

State of West Bengal be served through the learned

Public Prosecutor, High Court, Calcutta.

(Bibek Chaudhuri, J.)