Netai Chandra Mondal v. Bina Mondal (Nee Das) & ANR

29.07.2021 Item no.13 Ct. No.34 CHC C.R.R. No.3028 of 2011 (Via Video Conference) In Re: An application under Sections 401 and 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Netai Chandra Mondal ... petitioner The present revisional application has been preferred against the order dated 26.08.2011, passed by the learned Judicial Magistrate, 3rd Court, Murshidabad in Execution Case No.36/05 (T.R.1122/05), wherein, learned Magistrate was pleased to fix 20.09.2011 for payment and execution report of the Warrant of Arrest.

Records of this revisional application reflect that on 17.11.2011, a coordinate Bench of this Court was pleased to hold that outstanding amount was Rs.1,20,000/- approximately and directed the present petitioner to deposit a sum of Rs.60,000/- within two weeks from date and on such condition stayed Warrant of Arrest for a period of ten weeks. No compliance was subsequently reported before this Court. Neither the interim order was extended.

Having regard to the nature of issues which have been canvassed in the present revisional application, I am of the view that no interference is called for.

Accordingly, C.R.R.3028 of 2011 is dismissed. Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

The opposite party/wife will be entitled to recover the arrears by taking out appropriate application before the learned Judicial Magistrate.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)