Rupak Dutta vs Unknown
2023 Latest Caselaw 4529 Cal

28.07.2023 Serial no. 84 [G.S.D]

CRR 1141 of 2021 With CRAN 1 of 2021

In the matter of : Rupak Dutta

... ... Petitioner Mr. Suman De Mr. A. Mukherjee ... for the petitioner

Mr. Swapan Banerjee Ms. Purnima Ghosh

... For the State Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. S.K. Mondal ... for the O.P. No.2

Learned Advocate for the complainant/o.p. submits

that he has received an amount of Rs.1 lakh, which was the

outcome of the sentence as imposed by the Learned ACJM,

Haldia, Purba Medinipur in CR 110 of 2015 and affirmed by

the Learned Additional Sessions Judge, Fast Track Court,

Haldia by its Judgment and Order dated 19.3.2021 in

Criminal Appeal No. 7 of 2016.

Supplementary Affidavit has been filed on behalf of

the petitioner enclosing a demand draft which has been

handed over to the complainant.

The amount of Rs.50,000/- was already paid.

Having regard to the fact that the complainant has

no grievance after receiving the amount, so directed to be

paid by the Learned Trial Court, I am of the opinion that

further sentence so imposed upon the present petitioner, be

quashed.

The Learned Trial Court is directed to record in his

findings that in this case, sentence is reduced to the amount

of Rs.1 lakh by way of compensation paid to the

complainant which has been deposited before this Court.

With the above directions, CRR 1141 of 2021 is

disposed of.

Pending application(s), if any, is also disposed of.

Let the Lower Court records be returned to the

Learned Trial Court as well as the Learned Appeal Court.

Parties to act on a server copy of this order, duly

collected from the official website of the Hon'ble High Court,

Calcutta.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties, subject to compliance

with all requisite formalities.

(Tirthankar Ghosh, J.)