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Calcutta High CourtCRR/1628/2022disposed

Mirja Ajibur Rahaman v. State Of West Bengal And ANR.

2022-05-19Hon'Ble Justice Jay Sengupta2 pages

C.R.R. 1628 of 2022 Court No.

Item 65 Ssi In the matter of:- Mirja Ajibur Rahaman 19.05.

Mr. S. K. Humayan Reza ...for the petitioner Although this is an application for quashing of a proceeding under Sections 138 and 141 of the Negotiable Instruments Act, learned counsel for the petitioner submits that the petitioner would not like to press the same and would instead pray for stay of the warrant of arrest so that he can surrender before the learned trial Court. Accordingly, the petitioner's prayer for quashing of the proceeding is dismissed as not pressed.

Learned counsel for the petitioner further submits as follows. The petitioner is a senior citizen. He had taken a loan from the complainant-opposite party for starting a business. Due to the onset of Covid 19 pandemic, the business did not work out. In the meantime, the complainant has also proposed a settlement in this matter, but the same also did not take place. In the meantime, a warrant of arrest was issued against the petitioner. The petitioner wants to

join the proceeding at the earliest.

I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition.

It appears that the petitioner wants to join the proceeding at the earliest.

In the interest of justice, I stay the warrant of arrest issued against the petitioner for a period of six weeks from this date. The petitioner shall surrender before the learned trial Court within such time. In the event the petitioner surrenders before the learned trial Court within the stipulated time and prays for bail, his application for bail shall be considered in accordance with law.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)