Naba Kumar Sarkar vs Rajib Chattopadhya @ R. ...
2023 Latest Caselaw 4672 Cal

 D/L396                               C.R.A. (SB) 157 of 2022
02.08.2023
    Bpg.
                                   Naba Kumar Sarkar
                                          Versus
                             Rajib Chattopadhya @ R. Chattopadhya and another


                        Mr. Sabir Ahmed
                        Mr. Tashim Ahamed
                        Mr. Dhiman Banerjee.
                                     ...for the appellant.

                        Mr. Bibaswan Bhattacharya.
                                   ...for the State.

                        Mr. Amit Ranjan Pati.
                                   ...for the respondent no.1.

Affidavit filed by the private respondent no.1 be kept with

the record.

Mr. Ahmed, learned advocate appearing for the appellant

submits that the cheque amount which was the subject matter of

C.R. Case No.311 of 2017 have been paid and, as such, the

appellant do not intend to proceed with the merits of the case.

There was an order of acquittal passed by the learned

Magistrate court/trial court.

Having regard to the payment which has been received

by the complainant, I am of the view that the judgment and order

dated August 22, 2022 passed by the learned Additional Chief

Judicial Magistrate, Durgapur, Paschim Bardhaman be not

interfered with. The respondent no.1 undertakes that he will not

contest for recovery of the amount which has been handed over to

the complainant in any forum.

With the aforesaid observations, CRA (SB) 157 of 2022 is

allowed.

Pending application, if any, is consequently disposed of.

Department is directed to sent back the lower court

records immediately before the learned trial court.

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

downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance of all requisite

formalities.

(Tirthankar Ghosh, J.)