Sri Chandan Dey vs Smt. Minakshi Dey & Anr
2024 Latest Caselaw 1033 Tri

Tripura High Court

Sri Chandan Dey vs Smt. Minakshi Dey & Anr on 1 July, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                          HIGH COURT OF TRIPURA
                                 AGARTALA
                           Crl.Rev.P. 48 Of 2023

 Sri Chandan Dey                                            Petitioner(s)
                                      Versus
 Smt. Minakshi Dey & Anr.                                 Respondent(s)


 For Petitioner(s)            :      Mr. R.G Chakraborty, Advocate.

 For Respondent(s)            :      Mr. Samarjit Bhattacharjee, Advocate.
                                     Mr. D. Paul, Advocate.


               HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                        ORDER

01.07.2024

This Criminal Revision Petition has been filed under Section 401

read with Section 397 of Cr.P.C seeking the following reliefs:-

"i. Admit this revision petition:

ii.Call for the records;

iii. Issue notice upon the respondent and iv. After hearing of the parties and on perusal of the evidence on record be pleased enough to set aside/quash the impugned judgment and order dated 31.07.2023 passed by the Ld. Sessions Judge, Unakoti Tripura, Kailashahar in Crl. Appeal 05 (03) of 2022 wherein and whereby the Ld. Appellate Court has dismissed the appeal and arbitrarily upholding the orders of conviction and sentence dated 11.07.2022 passed by Ld. J.M 1st Class, Kailashahar, Unakoti Tripura in case no. CR (NI) 4/2017 wherein the Ld. Trial Court convicted the petitioner under section 138 of N.I Act.".

[2] Heard Mr. RG Chakraborty, learned counsel appearing for the

petitioner. Also heard Mr. D. Paul, learned counsel appearing for the

respondent.

[3] It is seen from record that on 4.10.2023 as per the Court

proceedings the petitioner has not been able to manage 50% of the fine

amount directed by this Court, however the petitioner has been able to

arrange Rs. 30,000/- for the present, which he is ready to pay to the

respondent and handed over the same on 16.10.2023 and there was a

direction for depositing 50% fine amount by order dated 15.12.2023 and

the matter was directed to be listed on 16.02.2024 with a direction that in

the event if the petitioner fails to deposit, the case would be dismissed for

default. In spite of the same, the matter has underwent several

adjournments including referring it to Lok Adalat but the entire exercise has

become futile despite this court's repeated docket proceedings including the

latest proceedings on 29.05.2024 and 31.05.2024. The petitioner has not

shown any diligence before this court regarding the aforesaid docket

proceedings.

[4] In view of the same, this court has no hesitation to say that the

petitioner has defaulted the orders passed by this Court. Hence, for non-

compliance of the orders passed by this Court, the case is dismissed for

default. However, the respondent is at liberty to take steps in accordance

with law. Personal appearance of the party concern is /are hereby dispensed

with.

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

Revision Petition stands disposed of. As a sequel, miscellaneous

application(s), pending if any, shall stand closed.

JUDGE

Paritosh

SABYASACH Digitally signed by SABYASACHI GHOSH

I GHOSH Date: 2024.07.03 03:24:55 +05'30'