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Calcutta High Court (Appellete Side)

An Application Under Section 482 Of The ... vs Brij Mohan @ Brij Mohan Kharkia on 24 November, 2011

Author: Raghunath Bhattacharya

Bench: Raghunath Bhattacharya

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24.11.11

km CRR No. 1980 of 2011 In the matter of: An application under Section 482 of the Code of Criminal Procedure filed on 23.06.2011.

And In the matter of: Brij Mohan @ Brij Mohan Kharkia.

Petitioner Mr. Subrata Roy Karmakar Mr. Narayan Prasad Agarwala For the Petitioner.

Heard learned lawyer for the Petitioner.

The learned Metropolitan Magistrate, 13th Court, Calcutta on 24.02.2010 in Case No. C/7641 /05 found the Petitioner guilty for commission of an offence under section 138 of the Negotiable Instruments Act, 1881 and convicted him as per provisions of section 255(2) of the Cr.P.C. The convict was sentenced to suffer S.I. for two months and directed to pay a sum of Rs.35,000/- as compensation.

Against the said Order, the convict preferred a Revision being Criminal Revision No. 169 of 2010 before the learned Additional District and Sessions Judge, 9th Fast Track Court, Bichar Bhawan, Calcutta. That Revisional Application was dismissed on contest on 21.03.2011, but without any cost.

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Against the said Order and Judgment passed by the learned Additional District & Sessions Judge, 9th Fast Track Court, Bichar Bhawan, Calcutta on 21.03.2011, the Petitioner preferred this Revisional Application before this Court.

Let the Appeal be admitted subject to depositing the cost of Rs.15,000/- to the learned Registrar General, High Court, Calcutta within two weeks from date.

Petitioner is directed to serve a copy of this Application upon the Opposite Parties.

Let the matter appear as a 'Contested Application' two weeks after the ensuing 'X-mas' vacation. The Petitioner is directed to file Affidavit-of-Service on the next date of hearing.

Let operation of the Order and Judgment dated 21.03.2011 be stayed till hearing of this Application subject to deposit of fine amount within two weeks from date.

Urgent Xerox certified copy of this order, if applied for, be given to the learned Advocate for the Petitioner.

(Raghunath Bhattacharya, J) 2 3 3