Amarendra Nath Datta v. Pradip Singh Roy & ANR

15.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.49 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 653 of 2019 (Via Video Conference) Sri Amarendra Nath Datta versus Sri Pradip Singh Roy & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

This revisional application was preferred against the order dated 25.01.2019 passed by the learned Additional Sessions Judge, 7th Court, Barasat in Criminal Appeal No. 03 of 2017. The subject matter of the said appeal was also in respect of the judgement and order dated 20.01.2017 passed by the learned Judicial Magistrate, 1st Court, Barasat in Complaint Case No. 782 of 2006 wherein the learned court was pleased to hold the accused persons not guilty for the charges under Section 138 of the Negotiable Instruments Act and acquitted all the accused persons.

The complaint case was filed in the year 2006. The learned Magistrate after much persuasion delivered its judgement on 20.01.2017. The learned Magistrate was not convinced by the nature of the documents which were relied upon by the complainant and as such, could not arrive at its conclusion of guilt, thus acquitting the accused persons. The learned sessions court in appeal also affirmed the order so passed by the learned Magistrate.

Having regard to the issues which have been canvassed and dealt with by the learned trial court as well as by the

learned appellate court, I am of the opinion that there is no substantial question of law involved in the present case for interference by this Court in its inherent power under Section 482 of the Code of Criminal Procedure.

Accordingly, the revisional application being CRR 653 of 2019 is dismissed.

Interim order, if any, is hereby vacated.

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

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)