Mr. D.K. Das Choudhury vs Mr. R. Datta
2021 Latest Caselaw 838 Tri

                              HIGH COURT OF TRIPURA
                                    AGARTALA

                                I.A. No. 02 of 2021
                          In Crl. Rev. P. No. 23 of 2021

For Petitioner(s)         :     Mr. D.K. Das Choudhury, Adv.

For Respondent(s)         :     Mr. R. Datta, P.P.

Mr. R.G. Chakraborty, Adv.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

03/09/2021

By order dated 28.04.2021 passed in I.A 01 of 2021

arising out of Crl. Rev. P. 23 of 2021 this court stayed the operation of

the impugned order dated 23.02.2021 passed by the Additional

Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal

36(4) of 2018 whereby the learned Additional Sessions Judge affirmed

the judgment and order of conviction and sentence dated 19.11.2018 of

the Chief Judicial Magistrate and while staying the order this court

directed the petitioner to deposit Rs.2,00,000/- i.e. 50% of the fine

before the Registry of this court within two weeks from today.

The petitioner has filed this interim application wherein

it is stated that arrest warrant has been issued by the trial court for his

failure to deposit the amount as per direction of this court.

Mr. D.K. Das Choudhury, learned counsel submits that

the petitioner is a poor man who is quite unable to deposit such huge

amount at this moment. Counsel, therefore, urges the court to reduce

the amount to Rs.1,00,000/-.

Heard Mr. R.G. Chakraborty, learned counsel appearing

for the claimant respondent as well as Mr. R. Datta, learned P.P

appearing for respondent No.2.

In view of the materials available on record and the

submissions made by learned counsel representing the parties the

amount is reduced to Rs.1,00,000/-. Petitioner is directed to pay the

sum before the trial court within a week.

Subject to deposit of the said amount the operation of

the impugned judgment and order shall remain stayed.

The amount shall not be disbursed in favour of the

respondent until further order. Arrest warrant, if issued, be recalled by

the trial court.

In terms of the above, the I.A is disposed of. The order

be communicated to the trial court immediately.

JUDGE

Rudradeep