Tajuddin Mondal v. Anamika Mondal

23.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.133 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1600 of 2024 In the matter of : Tajuddin Mondal ... Petitioner.

Mr. Shibaji Kumar Das, Ms. Sayani Pan ... For the Petitioner.

The petitioner is employed in the Army and is presently posted at Jammu. Learned advocate appearing for the petitioner submits that M. Ex No. 4 of 2024 arising out of Misc. Case No. 380 of 2021 pending before learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani is creating difficulty for the petitioner as once in a month he has to come down from Jammu.

Records reflect that the execution case is progressing and the learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani has directed the bank Managers to appear by its order dated 30.03.2024. Having considered that the bank Managers are yet to appear before the Court, I direct that the petitioner need not appear before the court till the purpose for which the bank Managers have been called by the learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani is exhausted.

The learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani will assess after scrutinizing the statements placed by the bank officers regarding the dues and thereafter, if required, direct for personal appearance of the present petitioner.

With the aforesaid observations, the revisional application being CRR 1600 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)