M/S Sanatan Seal And Another v. State Of West Bengal And ANR

01.10.2024.

34.

Ct.No.6 as CRR 3497 of 2024 In the matter of : M/s. Sanatan Seal & Anr.

... Petitioners.

Mr. Satadru Lahiri, Mr. Jyotirmoy Talukder.

...for the Petitioners.

1.

Order dated 19.07.2024 condoning delay in preferring revisional application against refusal to grant interim compensation under Section 143A of the N. I. Act has been assailed.

2.

Learned Advocate submits there was inordinate delay and the revisional court ought not to have condoned the said delay.

3.

I have considered the materials on record. Delay in filing the revision petition was of around 100 days. Opposite party no.2 had pleaded he was suffering from ailments and had annexed prescriptions in support of his plea. 4.

Under such circumstances, delay was condoned after imposing a cost of Rs.4,000/- upon the opposite party. It is trite that prayers for condonation of delay should not be considered in a pedantic manner. Moreover, refusal to condone the delay would pre-empt adjudication of prayer for interim compensation to the complainant in a prosecution under Section 138 of the N. I. Act on merits.

5.

Accordingly, I am not inclined to interfere with the impugned order. Revisional court is requested to dispose of the revision petition as expeditiously as possible. 6.

The revisional application is, thus, disposed of. (Joymalya Bagchi, J.)