Belal Hossain Mallik @ Mollik v. Sudipto Saha And ANR

IN THE HIGH COURT AT CALCUTTA

IN THE CIRCUIT BENCH AT JALPAIGURI

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE 17.06.2025 (ct. no.02) Kausik CRR 509 of 2024 In the matter of : Belal Hossain Mallik @ Mollik .... Petitioner.

Ms. Mousumi Das .... For the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Aniruddha Biswas .... For the State.

Petitioner preferred an application before the learned ACJM, Dinhata in connection with C.R. Case No. 108/2020 thereby praying for examination through an expert for assessing the writings in the cheques, so far as the contents of the cheques are concerned. Although the petitioner does not dispute the signature in the cheque but questions regarding the contents of cheque. Such prayer was turned down by the learned ACJM, Dinhata. Against such rejection petitioner preferred Criminal Revision No. 04 of 2024 before the learned Additional Sessions Judge, Dinhata.

The learned Sessions Court on an appreciation of the materials so placed accepted the findings arrived at by the Trial Court. As at an advanced stage of the trial i.e. after the

examination under section 313 of the Code of Criminal Procedure was over, such an application was preferred the same was rejected.

Since there are concurrent findings of the Court below and the application has been filed to delay the proceedings as also the fact that from the inception in the cross-examination such issues were not canvassed, further the application was preferred after the evidence of DW was over, I am of the opinion that the courts below did not take an incorrect view.

Accordingly, I am of the opinion that no interference is called for.

Thus, CRR 509 of 2024 is dismissed.

All parties to act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)