Prabin Shee v. Dipankar Guria And Another

D/L 32 19.03.2026 ct.no.42 Kausik CRR 4637 of 2025 Prabin Shee

Versus

Dipankar Guria & Anr.

Mr. Supriya Sasmal Mr. Dilip Kumar Sadhu ...for the Petitioner.

Mr. Masum Ali Sardar Ms. Naghma Tabassum ...for the Opposite Party No. 1.

The present petition has been filed challenging the order dated 12th August, 2025 passed by learned Sessions Judge, Purba Medinipur in Criminal Revision No. 24 of 2025.

Learned Sessions Judge vide the impugned order dismissed the application under Section 5 of the Limitation Act and thus declined to admit the Criminal Revision No. 24 of 2025.

Learned Counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act was filed against the petitioner by the opposite party no. 1 and in the said complaint learned Judicial Magistrate, 1st Court, Tamluk vide order dated 28th January, 2025 passed an order regarding the payment of interim compensation, that is, 20 per cent of the cheque amount to be paid by

the petitioner to the opposite party no. 2 within 60 days.

Being aggrieved by this, the petitioner preferred the revision petition before the learned Sessions Judge, however, since there was a delay in filing the revision petition, an application under Section 5 of the Limitation Act was filed for condonation of delay.

Learned Sessions Judge vide the impugned order has discussed in detail the reasons for the delay as explained by the petitioner and in his discretion did not find it sufficient for condonation of delay.

It is a settled proposition that the revisional jurisdiction can be exercised only if there is an illegality or perversity in the impugned order. The revisional court cannot substitute its own view with the view of the learned Court.

The learned Sessions Judge, Purba Medinipur has exercised the discretion and has found that there was no sufficient cause for condonation of delay.

The Court do not find any reason to interfere with the case.

Accordingly, CRR 4637 of 2025 stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Dinesh Kumar Sharma, J.)