Calcutta Veneer Industries Ltd. & ... vs Unknown
2023 Latest Caselaw 2551 Cal

13.4.2023

AB Ct. No.236

CRR 1978 of 2005 + CRAN 2 of 2022

In the matter of : Calcutta Veneer Industries Ltd. & Anr.

Mr. Debrup Bhattacharyya Mr. Subhasis Chakraborty Ms. Sushmita Kumari Singh ... for the petitioners

Ms. Manaswita Mukherjee ... ... for Amicus Curiae Mr. Md. Zohaib Rauf Mr. Shivam Bhimsaria

Heard Mr. Debrup Bhattacharyya, learned counsel for the

petitioners. Mr. Rauf, learned counsel for the O.P. No. 1 and Ms.

Manaswita Mukherjee, learned Amicus Curiae.

During pendency of this revisional application the parties to

the proceeding settle the dispute and it is submitted at the bar that

the petitioner of Criminal Revision No. 1978 of 2005 paid the entire

amount of Rs.3,50,000/- to the opposite party/complainant of the

proceeding under Section 138 of the N.I. Act. But the said fact

was not brought to the notice of this Court and order was passed

dismissing the application by which the judgment of learned

Appellate Court affirming the order of conviction was challenged.

Under such circumstances, the shown question that

requires adjudication is after disposal of this revisional application

wherefrom this Court can revisit the judgment passed in the matter

or not.

Learned counsel for the appearing parties are seeking

accommodation. The matter is adjourned to appear on 21st April,

2023. In the meantime Mr. Sanjiban Chatterjee of Calcutta Veneer

Industries Ltd. is given protection from being sent to custody to

serve out sentence. The petitioner has complied with the direction

of the Court. The document pertaining to such compliance is

taken on record.

Petitioner is directed to act upon server copy.

The matter will appear for hearing on 21st April, 2023.

(Siddhartha Roy Chowdhury, J.)