Khagendra Nath Das v. Bibhas Roy Chowdhury And Another

01.05.2024 Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE CRMSPL 21 of 2024 with IA No. CRAN 1 of 2024 Khagendra Nath Das -versusBibhas Roy Chowdhury & Anr.

Mr. Arun Kumar Maiti (Mohanty) Ms. Kaberi Sengupta Mohanty Mr. R.R. Mohanty Ms. Komal Shah Ms. Snigdha Ghosh Mr. Shivam Saha ... For the petitioner/appellant/applicant In re: CRAN 1 of 2024 1.

Affidavit of service filed in Court today is taken on record. 2.

The instant application has been filed with a prayer for condonation of delay of 37 days in filing the special leave petition to file appeal. It is submitted that the delay has been explained in paragraph 13 of the instant application.

3.

Perused the explanation of delay in paragraph 13 of the instant application.

4.

The explanation given in the instant application is found satisfactory. The delay is condoned.

5.

The application, being CRAN 1 of 2024, stands disposed of. In re: CRMSPL 21 of 2024 6.

The special leave petition is filed with a prayer for filing appeal against the judgment and order of acquittal dated 23rd November,

2023 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Bichar Bhawan, Calcutta after reversing the order of conviction recorded by the learned Metropolitan Magistrate, 14th Court, Calcutta under Section 138 of the Negotiable Instruments Act. 7.

Having heard the learned advocate appearing on behalf of the petitioner/appellant on the ground of appeal and also having gone through the judgment impugned, leave is granted. 8.

The petitioner/appellant is at liberty to prefer an appeal within the statutory period.

9.

With the aforesaid observation, CRMSPL 21 of 2024 stands disposed of.

10.

Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities. (Bibhas Ranjan De, J.)