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2020 Supreme(Cal) 61

JAY SENGUPTA
Samar Mondal – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Dipanjan Chatterjee, Advocate, Kalyan Kumar Bhattacharjee, Advocate

JUDGMENT

Jay Sengupta, J. - This is an application challenging the order dated 13.6.2019 passed by the learned Additional Chief Judicial Magistrate at Baruipur, South 24 Parganas in Case No. C-719/2010 and renumbered as 1191/2018 under Section 138 of the Negotiable Instruments Act, thereby issuing a warrant of arrest against the petitioners.

2. Learned counsel appearing on behalf of the petitioners submits as follows. For the dishonour of a cheque worth Rs. 37,000/-, the petitioners were directed pay a compensation of Rs. 20,000/- each to the complainant and to suffer simple imprisonment for one year each. Due to cease work, no appeal could be preferred in time. As a result, the learned trial court issued a warrant of arrest against the present petitioners. However, the petitioners have already filed an appeal before the learned Appellate Court along with an application under Section 5 of the Limitation Act seeking condonation of delay in filing the said appeal being Criminal Appeal No. 8 of 2019.

3. I have heard the submissions of the learned counsel appearing on behalf the petitioners and have perused the revision petition.

4. It appears that the petitioners have finally been able

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