Kabita Patra vs Unknown
2023 Latest Caselaw 1254 Cal

17.02.2023 Serial no. 27 [G.S.D] Court No.35

CRR 674 of 2016

In re : An Application under Section 401 read with Section 482 of the Code of Criminal Procedure

-And-

In the matter of : Kabita Patra ... ... Petitioner

None appears for the parties at the time of second call.

Record reveals that in the order dated 3rd January, 2023, Mr. Suman De and Mr. Abhinaba Mukherjee, Learned Advocates, appeared for the petitioner after the matter being pending in the list for one month prior thereto.

Adjournment was sought for and granted. However, since thereafter the petitioner is not represented.

Accordingly, in view of the long pendency of the instant revision, i.e. from the year 2016, it is found prudent to take up the matter in absence of the parties and dispose of on merit.

The petitioner has challenged the Judgment of the Learned Trial Court dated 7.1.2016 and, in effect, the Judgment and order of conviction and sentence of the Learned Magistrate dated 9.7.2014 in complaint case no. 430 of 2006. The petitioner was convicted and sentenced for an offence under Section 138 of the Negotiable Instrument Act to suffer simple imprisonment till rising of the Court and pay compensation to the tune of Rs.30,000/-.

The grounds pleaded by the petitioner in this case are not cogent and sufficient enough to warrant this Court's

interference in exercise of power under Section 482 of the Cr.P.C.

Hence, finding no merit in the matter, CRR 674 of 2016 along with connection application(s), if any, stand dismissed.

All parties to act on a server copy of this order duly obtained from the official website of the Hon'ble High Court, Calcutta.

(Rai Chattopadhyay, J.)