Gautam Pal vs Sourish Dirghangi - 2024 Supreme(Cal) 601

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 601

ANANYA BANDYOPADHYAY
Gautam Pal – Appellant
Versus
Sourish Dirghangi – Respondent

Advocates:
Advocate Appeared:
For the Amicus Curiae : Mr. Amartya Ghosh
For the Respondent: Mr. Avishek Sinha, Mr. Jayanta Naryan Chatterjee, Ms. Sreeparna Ghosh

JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order passed by the Learned Judicial Magistrate, 9th Court at Alipore, 24 Parganas in Case No. C-5076 of 2004, on 23rd November 2007 acquitting the accused under Section 255(1) of the Code of Criminal Procedure 1973.

2. The appellant filed an application for special leave to appeal before the Hon’ble Court on 02.06.2008 vide CRM 5438 of 2008 and subsequently on 12.11.2008 the said application was allowed. Hence this appeal.

3. The petitioner is the accounts Officer of M/s. Karnataka Soaps And Detergent Limited (A Govt. Of Karnataka Under Taking) having its Registered office at 154, Harish Mukherjee Road, P.S.- Kalighat, Kolkata-25 and has been authorized to file this appeal.

4. The opposite party no. 1 was the accused in connection with case no. C-5076/2003 and by the Judgment and Order dated 23.11.2007 passed by the Learned 9th Judicial Magistrate Alipore, 24 Parganas acquitted the opposite party no. 1 under Section 255(1) of the Code of Criminal Procedure 1973 from the offence charged under Section 138 of the Negotiable Instrument Act 1881.

5. The appellant company has been operating the business o

Click Here to Read the rest of this document