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Calcutta High CourtCRA/579/2012dismissed

Indo Auto Clinic Pvt Ltd v. State Of West Bengal & ANR

2023-05-15Hon'Ble Justice Rai Chattopadhyay2 pages

CRR 579 of 2012 Indo Auto Clinic Pvt. Ltd.

Vs.

State of West Bengal & Anr.

This appeal has been preferred to challenge the 15.05.2023 Court No.35 Item no.80 I.T (p.a) judgment and order of sentence by the Metropolitan Magistrate, 12th Court, Calcutta, dated 28.06.2012 in C. Case No. 504/04/T.R. 560/2004 under Section 138 of the Negotiable Instruments Act, 1881.

The appeal is barred by limitation. In spite of liberty being granted to the appellant for removal of such defect, no steps have been taken. The appeal is pending since 2012 and no one is appearing for the appellant, though the matter has appeared in the list of this Court since 08.05.2023 and has been called on repeated occations. Hence, it is found that the appellant has lost interest in this case.

CRA 579 of 2012 is dismissed being barred by limitation.

Urgent certified copies of this order, if applied for, be supplied to the parties subject to compliance with all the requisite formalities.

(Rai Chattopadhyay, J.)