Jagdish Narayan Rao v. Nilay Banerjee And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRMSPL/6/2022 CRA(SB)/1/2022 Jagdish Narayan Rao ... Petitioner Vs.

Nilay Banerjee and another ... Respondent Ms. A.S.Zinu ... for the petitioners August 26, 2022 [AKB] Item No.9 & 10 Affidavit of service be kept with record. Inspite pf service neither private respondent nor the state are being represented.

Ms. A.S.Zinu appearing on behalf of the petitioner submits that the First Appellate Court recorded the order of acquittal on the sole ground, since demand was not made to pay the cheque amount, the notice given to the accused is inappropriate in the eye of law and conviction based on such notice is not sustainable.

According to Ms. A. S. Zinu said observation is beyond the evidence and document lying in record.

Leave is granted.

Accordingly CRMSPL/6/2022 is disposed of.

The appeal is admitted. The appellant is directed to serve notice of appeal upon the acquitted accused Jagdish Narayan Rao and file affidavit of service on the next date of hearing.

The department is directed to prepare paper book after calling the Lower Court record.

(Ajoy Kumar Mukherjee, J.)