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2020 DIGILAW 11 (CAL)

Monoranjan Mondal v. State Of West Bengal

2020-01-03

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application praying for stay of the execution of the order dated 20.11.2019 passed by the learned Judicial Magistrate, 2nd Court, Alipore, South 24 Parganas in connection with Complain Case No. 10768/2011 under Section138 of the Negotiable Instruments Act. 2. Affidavit of service filed on behalf of the petitioner is taken on record. Despite service no one appears on behalf of the complainant/private opposite party. 3. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was convicted and sentenced in a case under Section 138 of the Negotiable Instruments Act. Thereafter, he preferred an appeal along with an application under section 5 of the Limitation Act. The learned appellate court was pleased to issue notice. Thereafter, on a few occasions the respondent prayed for time and the presiding officer in charge was also busy and could not take up the matter. Due to inadvertence the petitioner could not be represented before the learned trial court on the next date fixed. As a result, a warrant of arrest was issued against the petitioner by the learned trial court. 4. I have heard the submissions of the learned counsel appearing on behalf of the petitioners and perused the revision petition. 5. It appears that the appeal preferred by the petitioner could not be taken up by the learned appellate court for no fault on the part of the present petitioner. However, it is also true that on the date fixed before the learned appellate court the petitioner was not represented and as a result a warrant of arrest was issued. Be that as it may, in the interest of justice I stay the execution of warrant of arrest issued against the petitioner for a period of six weeks from this date. The petitioner is directed to join the proceeding and may take appropriate steps before the learned trial court. The learned trial Judge is requested to consider the prayer of the petitioner in accordance with law. 6. In the interest of justice, the learned appellate court is also requested to take up the appeal case as expeditiously as possible. 7. With these observations the revisional application is disposed of. 8. Urgent photostat certified copy of this judgment may be supplied to the parties expeditiously, if applied for.