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Calcutta High Court · body

2020 DIGILAW 56 (CAL)

Dilip Kumar Roy v. Shib Trading Corporation And Anr

2020-01-14

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - Although this is an application for quashing of a proceeding under Section 138 of Negotiable Instruments Act, initiated as far back as in 2011, learned counsel appearing on behalf of the accused/petitioner submits that the accused/petitioner would not like to press this application and would instead pray for stay of warrant of arrest issued against the accused/petitioner so that the petitioner can surrender before the learned court below, pray for bail and join the proceeding. He further submits that there are sufficient documents available with him to show that the money for which the cheque was presented had already been paid by the accused/petitioner. According to him, the complainant promised that no step would be taken, yet the matter proceeded against him. 2. In view of the petitioner's prayer to not press the application, the revisional application is dismissed as not pressed. 3. However, this shall not preclude the petitioner from taking up all the points raised in this application during trial. 4. Without going into the merits of the case and in the interest of justice, let the warrant of arrest issued against the petitioner remain stayed for a period of four weeks from this date. The petitioner is directed to surrender before the learned trial court within such time and join the proceeding. In the event petitioner surrenders before the learned court below within such stipulated time period of four weeks, his application for bail shall be considered in accordance with law. 5. Learned trial court is requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties. 6. With these observations, the revisional application is disposed of. 7. Urgent Photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings.