Saga Frieght Express Pvt Ltd And ORS v. Fortune Credit Capital Ltd

Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri IA No.:CRAN/1/2022 in CRR 1976 of 2022 Saga Freight Express Pvt. Ltd. & Ors.

Vs.

Fortune Credit Capital Limited For the petitioners :

Mr. Tulsi Das Maiti, Adv., Ms. Namita Basu, Adv.

For the State :

Mr. Suman De, Adv., Mr. Puspita Saha, Adv.

Heard & Judgement on :

23.06.2022.

Bibek Chaudhuri, J.

Leave is granted to correct the cause title of the application under Section 5 of the Limitation Act and the application under Section 401 read with Section 482 of the Code of Criminal Procedure by incorporating the name of the State of West Bengal and making necessary correction in paragraph 1 of the revisional application.

The instant criminal revision has been filed after the expiry of the 15 days of the period of limitation. In other words, the application for revision is barred by limitation by 15 days only. It is submitted by Mr. Suman De, Learned Public Prosecutor-inCharge that delay may be condoned. In view of such circumstances, delay in filing the revisional application is condoned. CRAN/1/2022 is, thus, disposed of.

Re : CRR 1976/2022 The petitioner has come up challenging an order dated 1st March, 2022 directing issuance of warrant of arrest against the petitioner nos. 2, 3 and 4. It is submitted by Mr. Maity that though in the order-sheet it is recorded that previously summons were issued against the petitioners but they did not receive the summons. Therefore, execution of warrant of arrest be stayed. This Court is of the view that the instant revisional application can be disposed of directing the petitioner to surrender before the Trial Court within one month from the date of this order. During the said period, the execution of warrant of arrest shall be kept in abeyance.

The instant revisional application is, thus, disposed of on contest.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.)