Sayar Devi Shyamsukha v. Manik Chandra Rathi

12.03.

CRMSPL 22 of 2024 Ct Smt. Sayar Devi Shyamsukha Vs.

Sri Manik Chandra Rathi rup Mr. Angshuman Chakraborty, Mrs. S. S. Saha. ... for the petitioner/appellant.

1. This special leave petition has been filed with prayer for leave to file appeal against the judgment and order of acquittal dated 15.01.2024 passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in connection with CS Case No. 31840 of 2021

2. Learned counsel appearing on behalf of the appellant/petitioner has submitted that learned Judge did not rely on the computer generated return memo of the bank qua dishonour of cheque on the ground of account closed.

3. It is further contended that learned Trial Court did not consider that return memo of the bank in absence of any official stamp though it was not disputed that the cheque was issued by the accused/opposite party.

4. Having gone through judgment assailed, leave is granted.

5. Leave is granted to the appellant to file appeal within the statutory period.

6. Accordingly, CRMSPL 22 of 2024 stands disposed of.

(Bibhas Ranjan De, J.)