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2024 Supreme(Cal) 304

SHAMPA DUTT (PAUL)
Kamal Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nirbanish Chatterjee, Mr. Anjan Banerjee, Ms. Reshmi Khatun.
For the Respondent: Mr. Sabir Ahmed, Mr. Suman Biswas, Mr. Taslim Ahmed.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the Judgment and Order dated 29th July, 2019 passed by the Learned Additional Sessions Judge, Fast Track Court – IV, Barrackpore, North 24 Parganas, in Criminal Appeal No. 06 of 2018 (Re. Sri Subir Bhattacharjee Vs. Sri Kamal Ghosh and the State of West Bengal) arising out of Complaint Case No. 253 of 2013 (Re. Kamal Ghosh Vs. Subir Bhattacharjee) whereby allowing the Appeal on contest, without any order as to cost by setting aside the conviction and sentence given by the Learned Judicial Magistrate, 5th Court, Barrackpore, North 24 Parganas on 30th December, 2017 in Complaint Case No. 253 of 2013 (TR Case No. 359/2013)(Re. Kamal Ghosh Vs. Subir Bhattacharjee) and further directing the convict/Appellant to set at liberty and also discharged him from his bail bonds and also vacating the stay, if any, in the said Appeal.

2. The petitioner and opposite party No. 2 herein were known and/or acquainted with each other, and out of faith and trust the Petitioner on 10th December, 2009 gave to the Opposite Party No. 2, on his demand an amount of Rs. 3,75,000/- only, and a written agreement to t

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