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Calcutta High CourtCRA/399/2019dismissed for default

Dilip Saha v. Dilip Bhattacharjee & ANR

2024-09-19Hon'Ble Justice Tirthankar Ghosh2 pages

D/L3 19.09.2024 Bpg.

C.R.A.399 of 2019 Dilip Saha

Versus

Dilip Bhattacharjee & Anr.

Ms. Srayashee Biswas.

...for the State.

Report submitted by Ms. Biswas, learned advocate appearing on behalf of the State through the Officer-in-Charge, Tangra Police Station be kept with the record. The report reflects that the complainant/appellant, namely, Dilip Saha, died on 14.09.2023 and his wife refused to divulge her address to the police authorities. However, the police authorities obtained the death certificate of the complainant/appellant, namely, Dilip Saha and enclosed the same along with the report.

In view of the reluctance shown by the relations of the appellant, I am of the opinion that no purposeful service would be rendered by preparation of the paper book. Accordingly, the order for preparation of the paper book is hereby recalled. As none appears also on behalf of the appellant before this Court, I am of the opinion that none is interested to pursue the appeal which is against an order of acquittal in a proceeding under Section 138 of the Negotiable Instruments Act arising out of C. Case No.472 of 2011 passed by the learned Judicial Magistrate, 1st Court, Sealdah, South 24 Parganas.

Accordingly, CRA 399 of 2019 is dismissed for default.

Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)