Sri Pranab Kumar Chowdhury And Anr vs .
2024 Latest Caselaw 1557 Tri

Tripura High Court

Sri Pranab Kumar Chowdhury And Anr vs . on 12 September, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

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                             HIGH COURT OF TRIPURA
                                    AGARTALA
                              CRL.PETN. NO.31 OF 2024

     Sri Pranab Kumar Chowdhury and anr.
     Vs.
     Smt. Bapi Baidya(Sarkar) and anr.

               HON'BLE MR. JUSTICE T. AMARNATH GOUD

     Present:
     For the Petitioner(s)               : Ms. S. Deb Barman, Advocate.

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

12.09.2024

Order

Despite notice being served there is no

representation on behalf of respondent No.1. This case has been

registered on 16.08.2024. On 11.09.2024, the case was listed

but there was no representation on behalf of respondent-

complainant No.1 and the same was listed today. Again today

there is no representation on behalf of respondent No.1. Hence,

heard Ms. S. Deb Barman, learned counsel appearing for the

petitioners as well as Mr. R. Datta, learned P.P, appearing for the

State-respondent.

2. The petitioners herein are accused persons and

respondent No.1 is the complainant under N.I. Act and it is seen

from the record that the respondent had preferred a complaint

under Section 138 N.I. Act for delay of 57 days and the Court

below has condoned the delay vide order dated 02.08.2023.

3. When the statute is very specific on the issue of

fixing the time, this Court is of the opinion that when the

litigation is time framed, so, the filings of any condone delay

under the N.I. Act does not arise. Hence the order passed by the

Court below dated 02.08.2023 is accordingly set aside.

4. In view of the above, the impugned Judgment

dated 08.07.2024 passed in case No.Criminal Revision No.06 of

2023 is also set aside and the present criminal petition stands

allowed. As a sequel, stay if any stands vacated. Pending

application(s), if any also stands closed.

                                                                      JUDGE




     suhanjit

RAJKUMAR        Digitally signed by
                RAJKUMAR SUHANJIT
SUHANJIT        SINGHA
                Date: 2024.09.13
SINGHA          12:34:59 +05'30'