2025 Supreme(Online)(Cal) 13835
CALCUTTA HIGH COURT
KABIR ALI ANSARI – Appellant
Versus
STATE OF WEST BENGAL AND ANR – Respondent
CRR 5294 / 2024
24.02.2025 rc/ct.no.34 Item No.18 With CRAN No. 1 of 2024 In the matter of : Kabir Ali Ansari …....Petitioner Mr. Sumit Routh Mr. Prabir Kumar Das …for the Petitioner Inadvertent error has crept into the order dated January 29, 2025 which is corrected as follows.
In the said order the name of the petitioner “Kabir Lal Ansari” be read as “Kabir Ali Ansari”.
The department is directed to incorporate necessary corrections.
Let this order be treated as part of the order dated January
29, 2025.
Re : CRAN No. 1 of 2024 Affidavit of service filed on behalf of the petitioner is taken on record.
None appears on behalf of the private opposite party despite service.
The petitioner seeks condonation of delay in filing the revisional application.
Good grounds being shown, the delay is condoned.
The application being CRAN No. 1 of 2024 is allowed.
On the prayer of the petitioner liberty is granted to use supplementary affidavit annexing copy of the judgment of the learned trial Court.
The petitioner has assailed the judgment and order dated July 04, 2024 passed by the learned Additional District and Sessions Judge, Fast Track, 2nd Court, Krishnanagar, Nadia in Criminal Appeal No. 15 of 2022 affirming the order passed by the learned Chief Judicial Magistrate, Krishnanagar, Nadia on October 29, 2021 in Complaint Case No. 2451C of 2017. By the said order the learned Magistrate has convicted the petitioner for offence punishable under Section 138 of the Negotiable Instrument Act and sentenced him to suffer simple imprisonment for 2 months and to pay compensation to the tune of Rs.4.00 lakhs to the complainant within 6 months from the date of the order.
The matter needs to be heard on merits.
The judgment and order impugned passed by the learned Additional District and Sessions Judge as well as the learned Chief Judicial Magistrate, Krishnanagar, Nadia be stayed till disposal of the revisional application. The sentence passed therein is also suspended.
The trial Court records be called for.
Let this matter appear under the heading “Contested Application” in the monthly list of April, 2025.
(Suvra Ghosh,J)