Naba Kumar Sarkar v. Rajib Chattopadhyay@R Chattopadhyay

C.R.A. (SB) 157 of 2022 D/L396 02.08.2023 Bpg.

Naba Kumar Sarkar

Versus

Rajib Chattopadhya @ R. Chattopadhya and another Mr. Sabir Ahmed Mr. Tashim Ahamed Mr. Dhiman Banerjee.

...for the appellant.

Mr. Bibaswan Bhattacharya.

...for the State.

Mr. Amit Ranjan Pati.

...for the respondent no.1.

Affidavit filed by the private respondent no.1 be kept with the record.

Mr. Ahmed, learned advocate appearing for the appellant submits that the cheque amount which was the subject matter of C.R. Case No.311 of 2017 have been paid and, as such, the appellant do not intend to proceed with the merits of the case. There was an order of acquittal passed by the learned Magistrate court/trial court.

Having regard to the payment which has been received by the complainant, I am of the view that the judgment and order dated August 22, 2022 passed by the learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman be not interfered with. The respondent no.1 undertakes that he will not contest for recovery of the amount which has been handed over to

the complainant in any forum.

With the aforesaid observations, CRA (SB) 157 of 2022 is allowed.

Pending application, if any, is consequently disposed of. Department is directed to sent back the lower court records immediately before the learned trial court. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)