Calcutta High Court (Appellete Side)
(Bikash Chandra Sinha vs Contai Co-Operative on 28 August, 2019
1
3
28.08.2019
rrc
C.A.N. 886 of 2019
in
M.A.T. 47 of 2019
(Bikash Chandra Sinha Vs. Contai Co-operative
Bank Ltd. & Ors.)
Mr. Soumya Majumder
Mr. Victor Chatterjee
.....For the applicant
Mr. Joydip Kar
Mr. Billwadal Bhattacharya
Mr. Sayak Chakraborti
.....For the Co-operative
Bank
Mr. Kar, learned senior advocate appearing for the
respondent bank has placed before us a communication
received by the secretary of such bank from the officer investigating Nandigram Police Station F.I.R. No. 294 of 2013 dated 18th September, 2013 under Sections 406/409/420/468/471/120B of the Indian Penal Code. Perusal of the report reveals that involvement of the appellant has transpired in the alleged crime and that his presence could not be secured before the relevant Court because he is absconding.
We are informed by Mr. Majumder, learned advocate for the appellant that upon service of a notice under Section 160 2 of the Code of Criminal Procedure, he duly appeared before the investigating officer.
Since the submission made by Mr. Majumder appears to be at variance with the contents of the letter addressed to the secretary of the respondent bank, we wish to be apprised as to whether the officer investigating the aforesaid F.I.R. has approached the relevant Court for securing the presence of the appellant before it by praying for issuance of warrant of arrest.
We adjourn hearing of this appeal for a period of a fortnight from date.
Mr. Tapan Kumar Mukherjee, learned Additional Government Pleader is present in Court. We request him to render assistance to us for dispensing justice to the parties. Mr. Mukherjee shall obtain instructions from the officer investigating the aforesaid F.I.R. regarding the steps taken by him for securing the presence of the appellant before the relevant Court.
A report of the investigating officer shall be filed before us on 11th September, 2019 when the appeal shall be listed once again.
The learned advocates-on-record for the appellant and the respondent bank shall obtain website copy of this order 3 and hand over to Mr. Mukherjee in course of tomorrow (29th August, 2019).
Mr. Kar shall also obtain instructions regarding the quantum of retiral benefits the appellant is entitled to and apprise us on the next date.
(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)