Dipankar Banik v. State Of West Bengal & ANR.

CRR 2828 of 2011 13 11.08.2021 Ct.34 SA In re : An application under Section 482 of the Code of Criminal Procedure.

And In the matter of : Dipankar Banik ..... petitioner The present revisional application was preferred against the Order dated 27.07.2010 and the order dated 07.06.2011. The first of the order was Misc. Case No. 15 of 2008 passed by the learned Additional Chief Judicial Magistrate, Katwa and the subsequent order was passed in Criminal Revision by the learned Additional and Sessions Judge, Katwa wherein the learned Sessions Court was pleased to affirm the earlier order dated 27.07.2010 passed by the learned Additional Chief Judicial Magistrate, Katwa. Record reflects that the learned Sessions Court while keeping the quantum unaltered was pleased to direct that the said order would be effected from the date of filing and not from the date of the order which was passed by the learned Magistrate.

The learned Magistrate while passing the order dated 27.07.2010 was pleased to direct the present petitioner to pay a sum of Rs.1,14,000/- towards arrears by way of 28 equal installments. The cause of the present revisional application reflects that the revisional application was admitted on 03.01.2012. There was direction for the Execution Magistrate. No information has been furnished before this Court subsequently regarding the outcome of the execution proceeding or whether the arrears have been liquidated by the present petitioner.

In view of that, I am of the opinion that no interference is called for by this Court when the learned Magistrate as well as the revisional court affirmed the quantum.

Accordingly, CRR 2828 of 2011 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

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