Jagriti Towers Pvt. Ltd v. State Of West Bengal And ANR

02.05.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION Ct APPELLATE SIDE CRMSPL No. 38 of 2024 rup Jagriti Towers Pvt. Ltd.

Versus

The State of West Bengal & Ors.

Mr. Shibaji Kumar Das, Mr. Mahesh Lal Sharma, Ms. Syani Pan. .... For the petitioner. Mr. Angshuman Chakraborty. ... for the respondent.

1. This special leave petition is filed to prefer appeal assailing the judgment dated 15.03.2024 passed by the learned Chief Judicial Magistrate, Alipore, South 24 Parganas in connection with Complaint Case No. 6390 of 2011, wherein learned Judge found all the respondents not guilty and acquitted under Section 255 (1) of the Code of Criminal Procedure.

2. Learned counsel appearing on behalf of the petitioner has submitted that learned Magistrate returned his wrong finding on the ground that the cheque issued in connection with this case was not related to any legally enforceable debt within the meaning of explanation to Section 138 of the Negotiable Instruments Act.

3. I have gone through the judgment.

4. Having heard learned counsel appearing on behalf of

the appellant, leave is granted.

5. The appellant to file appeal within the statutory period.

6.Accordingly, CRMSPL 38 of 2024 stands disposed of. (Bibhas Ranjan De, J.)