Abu Talaha v. Barkat Ali

01.08.2024 Serial no. 9 CT.-35 [G.S.D] CRMSPL 12 of 2024 With CRAN 1 of 2024 In the matter of : Abu Talah @ Abu Talaha ... ... Applicant Ms. Minoti Gomes ... for the Applicant/petitioner Mr. Amitava Karmakar Mr. Ziaul Haque ... for the O.P.

CRAN 1 of 2024 Affidavit of service so filed be kept with the record. Pursuant to the service being effected, ld. advocate for the o.p. is present.

The petitioner has assigned reasons for not preferring the application for 'Special Leave to Appeal' within time and there has been a delay of 1017 days. Having regard to the reasons so assigned and the fact that the applicant has suffered because of an order of acquittal being passed in connection with CR Case No. 351 of 2018 under Section 138 of the NI Act, I am of the opinion that the appeal should be heard on merits.

Accordingly, the prayer for condonation of delay is found to be just and sufficient and is consequently, Allowed.

CRAN 1 of 2024 is Allowed.

CRMSPL 12 of 2024 The grounds so assigned in the application for preferring the appeal are on cogent grounds. Consequently, the applicant is granted leave to file Memorandum of Appeal within statutory period of time.

Accordingly, CRMSPL 12 of 2024 is also Allowed. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)