Calcutta High CourtCRR/3554/2024disposed

M/S Eastern Stars Turnkey Engineers And Builders And Others v. State Of West Bengal And ANR

2024-10-07Hon'Ble Justice Suvra Ghosh2 pages

07.10.2024 jb.

jdt.

CRR No. 3554 of 2024 In Re: M/s Eastern Stars Turnkey Engineers & Builders & Ors. Mr. Tarique Quasimuddin Mr. Diptan Banerjee Ms. Sanchita Chaudhuri ... For the Petitioners Supplementary affidavit filed by the petitioners is taken on record.

The petitioners have assailed the order passed by the learned Additional District Sessions Judge, 2nd Court, Barrackpore on 14th August, 2024 in Criminal Appeal no. 56/24 turning down the prayer of the petitioners for stay of the judgment dated 15th July, 2024 delivered by the learned Judicial Magistrate, 2nd Court, Barrackpore, in C. case no. 300 of 2012. By the judgment the learned trial Court convicted the petitioners for offence punishable under Section 138 of the Negotiable Instrument Act 1881 and directed them to pay fine of Rs. 15 lakhs within one month from the date of the order failing which they were to suffer simple imprisonment for six months. The said judgment was carried in appeal by the petitioners and the stay application filed by the petitioners was turned down by the learned Appellate Court.

In the meantime, warrant of arrest has been issued against the petitioners on 5th September, 2024.

Since the judgment delivered by the learned trial Court has been carried in appeal by the petitioners which is pending, the warrant of arrest issued against the petitioners vide order dated 5th September, 2024 be stayed till disposal of the appeal. Learned appellate Court is directed to dispose of the appeal as expeditiously as possible, preferably within three months after the Court reopens after the annual vacation without granting any unnecessary adjournments to either of the parties, in accordance with law.

Since nothing further remains to be adjudicated in the present revisional application, the same is disposed of. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)