Goutam Das@Goutam Kumar Das v. State Of West Bengal And ANR

13.03.2024 Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE CRMSPL 51 of 2023 Goutam Das @ Goutam Kumar Das -versusThe State of West Bengal & Ors.

Ms. Jharna Biswas Ms. Susmita Biswas Chowdhury ... For the petitioner/appellant 1.

This is an application for special leave to appeal filed assailing the judgment and order of acquittal dated 28th February, 2023 passed by the learned Judicial Magistrate, 1st Class at Dantan, Paschim Medinipur, in connection with complaint case No.CR 624 of 2001 under Sections 138/141 of the Negotiable Instruments Act wherein the learned Trial Court acquitted all the accused on the ground of non-service of statutory notice and, according to the learned counsel, the same was observed ignoring the documents relied on behalf of the complainant.

2.

On careful perusal of the judgment impugned and also considering the submission advanced on behalf of the petitioner, leave is granted.

3.

The petitioner is at liberty to prefer an appeal within the statutory period.

4.

With the aforesaid observation, CRMSPL 51 of 2023 stands disposed of.

5.

Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities. (Bibhas Ranjan De, J.)