Rohit Feeds Pvt Ltd v. State Of West Bengal & ANR

07.03.2022 Ct. No. 42 CRMSPL 17 OF 2018 Sc Rohit Feeds Private Limited vs.

State of West Bengal & Anr.

-------- In Re : Application for Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure, filed on 25th January, 2018. Mr. Satadru Lahiri Mr. Safdar Azam.

.....

For the Petitioner This is an application under Section 378(4) of the Code of Criminal Procedure fled by the complainant of Case No. C-11591 of 2005 with a prayer to permit him to file an appeal against the judgment and order of acquittal in the aforementioned case under Section 138 of the Negotiable Instrument Act on 29th November, 2017 passed by the learned Metropolitan Magistrate, 10th Court at Calcutta.

I have heard the learned advocate for the petitioner. I have also perused the impugned judgment. There is sufficient ground to allow the petitioner to file an appeal against the impugned judgment and order of acquittal.

Accordingly, the application for Special Leave to Appeal is allowed.

The petitioner is directed to file Memorandum of Appeal within thirty days from the date of this order. (Bibek Chaudhuri, J.)