Calcutta High CourtCRR/290/2021disposed

Hemant Aggarwal v. State Of West Bengal And ANR

2022-06-13Hon'Ble Justice Tirthankar Ghosh2 pages

13.06. 2022 item No.17 n.b.

ct. no. 34 CRR 290 of 2021 + IA No. CRAN 1 of 2021 + IA No. CRAN 2 of 2021 Hemant Aggarwal & Ors.

Vs.

State of West Bengal & Anr.

Mr. Soumya Nag, Mr. Riboben Sarkar, Mr. Avishek Das .....for the Petitioners Mr. Arijit Ganguly, Mr. Saryati Datta, .....for the State.

Mr. Pawan Kr. Gupta, Mr. Manish Shukla, Ms. Safia Nesar, Mr. Santanu Sett .... For the opposite party.

Report submitted by the concerned police officer of Jorabagan Police Station be kept with the record. The subject matter of challenge relates to Jorabagan Police Station case no. 183 of 2019 dated 18.11.2019 corresponding to G.R. case no.1360 of 2019 under Sections 406/420/120B of the Indian Penal Code.

During the pendency of the aforesaid case, there has been compromise being effected and a report submitted by Jorabagan Police Station. Let the report be kept with the record. Report is enclosed with the statement of one Mr. Amit Parasrampuria, at whose instance application under Section 156(3) of the Code of Criminal Procedure was filed. Application was initiated because of

non-payment of dues of Rs.6,00000/- and demand draft of Rs.6,00000/- have been received by the de facto complainant. The said Demand Draft has also been encashed.

In view of the aforesaid, I am of the opinion that further continuance of Jorabagan police Station case no.183 of 2019 is unwarranted. Accordingly, all further proceedings arising out of Jorabagan Police Station case No. 183 of 2019 dated 18-11-2019 corresponding to G.R. case no.1360 of 2019 pending before the Learned ACMM-1 is hereby quashed.

Accordingly, CRAN 1 of 2021 along with CRR 290 of 2021 is hereby allowed.

All pending connected applications, if any, are consequently disposed of.

In view of the fact that debatable issue is involved regarding invocation of jurisdiction of Criminal Court, I direct the complainant/opposite party to deposit a sum of Rs.10,000/- with the State Legal Services Authority within a period of fifteen days from the date.

Learned Registrar General, High Court, Calcutta would submit a report of compliance on July 11, 2022. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)