Swapan Dey vs S.S.Enterprises
2023 Latest Caselaw 4146 Cal

06.07.2023
rc/ct.no.34
Item No.58
                                     CRR No. 1451 of 2023
                                             with
                                      CRAN No. 1 of 2023

              Re : An application under Section 482 read with Section 401
                    of the Code of Criminal Procedure.

                                          Swapan Dey
                                             Versus
                                         S.S.Enterprises


                       Mrs. Devipriya Mitra                ...for the petitioner

                       Mr. K.C.Garg
                       Mrs. Sunita Agarwal                  ..for the O.P.No.1




                       Affidavit of service filed by the petitioner is taken on

              record.

                       This revisional application has been preferred challenging

              the order dated January 05, 2019. There has been substantial

              delay in preferring the application which has been opposed by

              the learned advocate appearing for the complainant/ opposite

              party.

                       I find from the judgment and order dated January 05,

              2019 which was passed in Criminal Appeal No. 64 of 2014 that

              the same was dismissed for non-prosecution as none appeared or

              represented on behalf of the appellant.

                       Having considered the factum I find that the learned

              Appeal Court is right. More so, in a case where there is a

              substantial sentence I dispose of the revisional application with

              the following conditions :-
                                     2




      (i)     The delay as prayed for is condoned.

      (ii)    If the appellant within a period of 21 days deposit a

              sum of Rs.2.50 lakhs with the learned Appeal Court

              or any Court so directed by the learned Appeal

              Court,the learned Appeal Court would recall the

              warrant of arrest issued by the learned Trial Court,

              admit the appeal and fix dates for hearing of the

              appeal    after     issuing   the     notice   to   the

              complainant/respondent.

(iii) If such an amount is deposited either before the

Appeal Court or any Court directed by the Appeal

Court the complainant on proper proof would be

entitled to withdraw the money subject to decision of

the Appeal Court.

(iv) In case within 21 days such amount is not deposited

the order of the Appeal Court will be treated to be

affirmed and the learned Trial Court would proceed

to the next harsher process of law.

(v) If the hearing of the appeal commences the same

should be concluded within a period of 90 days from

the date of such commencement.

With the aforesaid observation this revisional application

being CRR No. 1451 of 2023 is disposed of.

The connected application, being CRAN No. 1 of 2023

stands disposed of accordingly.

There shall however be no order as to costs.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh,J)