Shri Shubhash Chandra Shome vs The Co-Operative Societies ...
2023 Latest Caselaw 466 Tri

                               HIGH COURT OF TRIPURA
                                     AGARTALA
                                    WP(C) 961 of 2022

Shri Shubhash Chandra Shome
                                                                                ---Petitioner(s)
                                            Versus
The Co-operative Societies Tripura and 11 Ors.
                                                                              ---Respondent(s)

For Petitioner (s)                  : Mr. Somik Deb, Sr.Adv.
                                      Ms. R. Chakraborty, Adv.
For Respondent(s)                   : Mr. M. Debbarma, Addl. GA.

                     HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                            ORDER

31.05.2023

The present writ petition is filed under Article 226 of the Constitution of

India.

[2] It is the case of the petitioner that for maintenance of constructed road

segments under PMGSY work, at Hrishyamukh Block of South Tripura, namely,

GM/AGT/PMGSY/14/(56)07/1188 dated 20.08.2007, the petitioner was appointed by

the said Santosh Chanda by a notarized document. As promised after execution of

the said work, respondent No.11 issued a cheque of Rs.10,00,000/-, drawn on the

State Bank of India, Kalighat Branch, Kolkata. The petitioner had accordingly

submitted the cheque at the Tripura State Co-operative Bank, Belonia Branch, on

15.06.2018. Accordingly, the said cheque was encashed in his banker to withhold

the payment of the cheque. The petitioner also lodged a complaint before the Officer

in Charge, Tollygunge Police Station, and the same was marked as Tollygunge P.S

C/No.165 registered on 15.06.2018 under Section 420, 467, 468 & 471, 120-B of

the Indian Penal Code. Thereupon, the said criminal case was listed before the

learned Chief Judicial Magistrate Alipore, Kolkata.

[2] Aggrieved thereby, the petitioner has prayed for the following reliefs:

(i) Issue rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued for directing them to transmit the records, appertaining to this writ petition lying with them for rendering substantive and conscionable justice to the petitioner and for quashing /setting aside the impugned judgment & Order dated 17.10.2020.

(ii) Issue rule calling upon the bank respondents and each one of them to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for mandating/directing them to immediately release the sum of Rs.10,00,000/- along with interest at the commercial rate, from the date 30.05.2018 it feel due till its actual payment.

(iii) Issue Rule calling upon the respondents and each one of them to show cause as to why a Writ of Prohibition and/or in the nature thereof, shall not be issued for restraining/prohibiting them from acting in any manner, in furtherance of the impugned judgment & order dated 17.10.2020.

        [3]           Heard learned counsel appearing for the parties.

        [4]           It appears to this court that the present writ petition in hand does not

attract the provisions under Article 226 of the Constitution of India and therefore Mr.

Somik Deb, learned senior counsel appearing for the petitioner is at liberty to file the

case afresh availing the remedies as per law.

[5] With the above observation and direction, this present writ petition

stands dismissed and thus disposed of.

JUDGE

Dipak