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Calcutta High CourtCRR/840/2013disposed

Arundhati Manna v. Vinay Kr Abhani & ANR

2022-05-02Honble Justice Ananda Kumar Mukherjee2 pages

02.05.2022 ct.no.35 sk & Ali sl.1 CRR 840 of 2013 Arundhati Manna Vs Vinay Kr. Abhhani & Anr.

The revisional application is listed up today for hearing and for submission of compliance report by the department.

None appears for the petitioner.

Department has submitted a report enclosing the service return of notice upon Arundhati Manna which has been served. The same is taken on record.

The Department has also submitted an explanation as to why there was delay on earlier occasion in transmitting the notice to the concerned Court for service. On a perusal of the record it appears that petitioner filed an application under Section 482 of the Criminal Procedure Code, assailing the order dated 14.01.2013 passed by the Learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal 83 of 2012 affirming the judgment and order dated 30.08.2012 passed by the learned Additional Chief Metropolitan Magistrate in case no C/401 of 2007 under Section 138 of the Negotiable Instrument Act, sentencing the petitioner to pay a fine of

Rs.28.000/- in default to suffer simple imprisonment for three months.

Having considered the materials on record and the two consistent judgments passed by the learned Trial Court as well as the 1st Appellate Court, I find no illegality, irregularity or impropriety in the impugned judgment as such there is no reason for interfering with the same. The revisional application is accordingly dismissed and disposed of.

Let a copy of this order be transmitted to Learned Chief Judge, City Sessions Court, Calcutta for information and also to learned Additional Chief Metropolitan Magistrate, Calcutta for execution of the sentence, if the same has not been satisfied yet.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertaking. .

(Ananda Kumar Mukherjee,J)