Subhra Dasgupta vs The State Of West Bengal & Anr
2023 Latest Caselaw 4330 Cal

19.07.2023 Serial no.6 Aloke

CRR 1137 of 2019

Subhra Dasgupta Vs.

The State of West Bengal & Anr.

Mr. Santanu Talukdar ... for the petitioner

Mr. Partha Sarathi Das Mr. Ambu Bindu Chakraborty Ms. Shanta Sarkar Mr. Debajyoti De

The present revision is against a judgment and order

dated 11th January, 2019 passed by the learned Additional

District & Sessions Judge, Fast Track, 4th Court, Alipore, South

24 Parganas in Criminal Appeal No. 183 of 2018 reversing the

judgment and order dated 27.07.2018 passed by the learned

Judicial Magistrate, 9th Court, Alipore, South 24 Parganas in

Case No. AC 4941 of 2015 (T.R. No. 497/2015) sentencing the

opposite party no. 2 to undergo a simple imprisonment for a

period of 15 days and also directed to pay compensation of

Rs.2,50,000/- in a proceeding under Section 138 of the

Negotiable Instruments Act.

Administrative notice was issued to the complainant but

the complainant has failed to appear and, as such, Mr. Santanu

Talukdar had been appointed as legal aid counsel to represent

the petitioner in this case.

On hearing the learned legal aid counsel and the learned

counsel for the opposite party no. 2, it appears that as the

present case is against a judgment and order of acquittal, the

matter was to be filed with a prayer for Special Leave under

Section 378(3) and (4) of the Cr.P.C. The present revision is

against an order of acquittal from a complaint case and the

complainant in spite of this Court's best efforts is not available.

As such, an application for Special Leave to Appeal cannot be

preferred.

Accordingly, the criminal revision is disposed of as not

maintainable.

(Shampa Dutt (Paul), J.)