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Calcutta High Court (Appellete Side)

An Application Under Section 374(2) Of ... vs In Re : Damodar Dey @ Damu Dey on 8 January, 2014

Author: Toufique Uddin

Bench: Toufique Uddin

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  C.R.A. No. 788 of 2009


In the matter of : An application under Section 374(2) of the Code of Criminal Procedure.
               And

        In Re : Damodar Dey @ Damu Dey                              Appellant/Petitioner.


        Mr. Md. Kazi Safiullaha
        Mr. Sital Samanta
                  .. for the petitioner.


        Heard learned Advocate of the appellant. It transpires on scrutiny of the

record that notice does not appear to have been served upon the opposite party

No. 2, the principal opposite party.

         The learned Advocate of the state is present.

          This is a case under Section 138 of the Negotiable Instrument Act

culminating in the form of acquittal of the accused in the learned court below.

           The appellant/ petitioner is directed to serve notice upon the opposite

party no. 2 by Registered Post with Acknowledgement Due/ by Speed Post. In

addition for abundant precaution, the petitioner is also directed to serve copy of

notice to the learned Advocate appearing in the court below.

        Let this matter appear in the list on 24th January, 2014.




                                                    ( Toufique Uddin, J. )
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