Manish Kumar Agarwal vs Savitri Devi Agarwal
2023 Latest Caselaw 6083 Cal

12.09.2023
Item No.40
gd/ssd
                                 CRR/3328/2022
                             MANISH KUMAR AGARWAL
                                       VS
                              SAVITRI DEVI AGARWAL


                            Mr. Sumanta Ganguly
                                    ..for the Petitioner

                            Ms. Miral Palana
                                       ..for the Opposite Party



                      Learned advocate appearing for the petitioner

             has challenged the order of the appellate court in

             Criminal Appeal No.53 of 2021 wherein an appeal was

             admitted in respect of an order of acquittal passed by

             the learned Magistrate under the provisions of Section

             138 of the Negotiable Instruments Act.

                      The said appeal was admitted under Section

             372 of the Code of Criminal Procedure.             Number of

             judgments have been relied upon by the learned

             Additional District and Sessions Judge, Fast Track

             Court, Calcutta.

                      Having regard to the fact that the case was

             instituted on the basis of the complaint, I am of the

             opinion that there is specific provision in the Code

             under Section 378(4) of the Code of Criminal Procedure

             and the same has been decided by a Coordinate Bench

             of this Court in CRR 3587 of 2018.            The order so

             passed    in   Criminal    Appeal   No.53     of   2021   on
                                2




27.07.2022

requires to be interfered with. The said

order is hereby set aside.

Accordingly, the revisional application being

CRR 3328 of 2022 is allowed.

Learned advocate appears on behalf of the

complainant/opposite party.

Liberty is granted to the complainant/opposite

party to prefer an application under Section 378(4) of

the Code of Criminal Procedure. If there has been any

delay, the same is due to the advice of a professional

and the litigant should not suffer for the same.

Accordingly, the application under Section 5 of

the Limitation Act, if any filed along with the

application under Section 378(4) of the Code of

Criminal Procedure be considered leniently.

Liberty to communicate this order to the

learned appellate court.

All the parties shall act on the server copy of

this order duly downloaded from the official website of

this court.

(Tirthankar Ghosh, J.)