Sri Shyamal Mahapatra vs The State Of West Bengal & Anr
2023 Latest Caselaw 99 Cal

04.01.2023 S/L No.38 KS

C.R.R.1189 of 2021 Sri Shyamal Mahapatra

-Vs.-

The State of West Bengal & Anr.

Mr. Suman De .....For the Petitioner Mr. S. S. Imam Mr. S. Kundu .....For the State

The present revisional application has been preferred challenging the

judgment and order dated 08.09.2020 passed by the Learned Additional

Sessions Judge, Fast Track Court, Haldia, Purba Medinipur wherein the

learned Court was pleased to dismiss the criminal appeal no.04/17. The said

appeal was preferred against a judgment and order of acquittal dated

10.11.2016 passed by the Learned Judicial Magistrate, 1 st Court, Haldia, Purba

Medinipur in C.R. Case No.52 of 2007 in respect of alleged offences under

Sections 420/ 468 of the Indian Penal Code.

Mr. De, learned advocate appearing for the petitioner submits that the

petitioner has suffered because of the act and conduct of the opposite party

who in spite of receipt of the money which were due implicated him in a false

case under Section 138 of the Negotiable Instruments Act by illegally

withholding the cheque. Learned advocate submits that both the Learned

Magistrate and the Learned Appeal Court failed to appreciate the evidence in

its true and proper perspective and erroneously acquitted the opposite party.

Learned advocate appearing for the opposite party submits that the

Learned Sessions Court had no authority to admit the appeal in view of the

provisions of Section 378 of the Code of Criminal Procedure. Learned

advocate further submits that both the Courts below have appreciated the

evidence and arrived at their factual finding.

Mr. Kundu, learned advocate appearing for the State submits that the

dispute is private and personal in nature and the Learned Court below on an

appreciation has arrived at their conclusion.

I have considered the submissions advanced by the respective

advocates and I find that the Learned Trial Court as well as the Learned

Appellate Court on an appreciation of facts arrived at their finding. It is a

settled proposition of law that an accused is presumed to be innocent and the

same is fortified by an order of acquittal, until and unless there are materials to

show that manifest error is appearing in the judgment delivered by both the

Court below and there is gross mis-appreciation of evidence by the Court

below, it would not be proper for a higher court to substitute its own views

and replace the same with the view which has been expressed consistently by

both the Courts below.

Having considered the factum of acquittal being confirmed and there is

no manifest error appearing in the records of the case or any gross illegality

which touches the root of the case, I am of the opinion that no case has been

made out in the revisional application calling for interference of this Court.

Accordingly, C.R.R.1189 of 2021 is dismissed.

Pending applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)