CRR/3466/2024
2024 Latest Caselaw 5062 Cal

Calcutta High Court (Appellete Side)

CRR/3466/2024 on 1 October, 2024

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

                           IN THE HIGH COURT AT CALCUTTA
                          CRIMINAL REVISIONAL JURISDICTION

01.10.2024
  16
 sdas

                                C.R.R. No. 3466 of 2024


             In Re : Bimal Kumar Agarwal                 .....petitioner


                   Md. Abdur Rakib
                   Mrs. Geetika Agarwal
                                             ....... for the petitioner




                   1.

Learned Counsel for the petitioner contends

impugned judgment and order suffers from various illegalities.

It is also contended 40% of the cheque amount has already

been deposited.

2. Copy of the petition be served upon opposite party

no. 1 through registered speed post with acknowledgement due

and opposite party no. 2/State through learned Public

Prosecutor, High Court, Calcutta and affidavit-of-service be

filed on the next date of hearing.

3. Let the matter appear four weeks after Puja

Vacation.

4. In the event petitioner deposits a sum of

Rs.1,90,000/- in addition to the sum of Rs.2,60,000/- which

has already been deposited by him during trial within 22nd

November, 2024, there shall be stay of operation of the

impugned judgment and order dated 05.07.2024 passed by the

learned Chief Judge, City Sessions Court, Calcutta, in

connection with Criminal Appeal No. 162 of 2022 thereby

dismissing the appeal filed by the petitioner challenging the

order of conviction dated 17.06.2022 passed by the learned

Metropolitan Magistrate, 16th Court, Calcutta in connection

with CS 42317 of 2018 under Section 138 of the Negotiable

Instruments Act for a period of six weeks after Puja Vacation or

until further orders whichever is earlier.

5. Liberty is given to the parties to pray for extension

and/or vacation and/or modification of this order upon notice

to the other side.

6. Petitioner shall appear before the trial court within

a fortnight and upon his appearance he shall be released on

bail to the satisfaction of the learned trial court.

7. Urgent photostat certified copy of this order, if

applied for, shall be given to the parties as expeditiously as

possible on compliance of all necessary formalities.

(Joymalya Bagchi, J.)