Alipurduar Co-Operative Agriculture And Rural Development Bank Ltd v. Khokon Roy

10.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.20 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 205 of 2025 In the matter of : Alipurduar Co-Operative Agriculture & Rural Development Bank Ltd. ... Petitioner. Mr. Kalipada Das ... For the Petitioner.

Since the order under challenge relates to an order passed under Section 256 of the Code of Criminal Procedure or under Section 279 of the BNSS which is for nonappearance of the complainant, the discharge of the accused has the effect of an order of acquittal. Consequently the petitioner is required to file a Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure/ under Section 419(4) of the BNSS. Considering the same, I am of the view that the present revisional application is not maintainable.

However, the petitioner would be at liberty to approach this Court under the aforesaid provisions of law. The revisional application being CRR 205 of 2025 is, thus, dismissed.

Department is directed to return the certified copy to the learned advocate-on-record of the petitioner after the same is replaced by photostat copy.

All concerned 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 given to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)