Ananthakumar And Company And Others v. State Of West Bengal And ANR

CRR 2240 of 2024 rpSB 03.06.2024 Court No.03 In the matter of: - Ananthakumar & Company & others -Versus- State Of West Bengal & another Mr. Gunjan @ Kanishk Sinha, Ms. Lipika Das, Mr. Sampreet Das ... for the petitioners.

The petitioners have challenged the order dated April 30th 2024 passed by learned Metropolitan Magistrate, 12th Court at Calcutta in Complaint Case no.CS/127524/2023 under Section 25 of the Payment and Settlement Systems Act, 2007.

The learned Magistrate by the said order impugned has rejected the prayer of the petitioners for adjournment and has fixed August 23, 2024 for execution report of the Warrant of Arrest.

It appears from the record that the petitioners entered appearance in the said case on December 29, 2023. The learned Magistrate on the said date allowed the prayer of the petitioners for adjournment as they had given the undertaking to settle the matter by the next date, but the petitioners did not turn up on the next date, i.e. March 01, 2024. The learned Magistrate, taking such conduct of the petitioners into consideration has passed the impugned order by directing issuance of Warrant of Arrest, this Court does not find any irregularity and/or infirmity in the said direction.

The learned advocate for the petitioners submits that his clients would pay the defaulted amount by the next date fixed and prays for stay of the execution of the said Warrant of Arrest.

The petitioner is always at liberty to pay the defaulted amount to get the stay as prayed for.

CRR 2240 of 2024 is therefore dismissed without any order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Biswajit Basu, J.)