CRR/3651/2017 of SUBHAJIT ROY Vs SMT. SWAPNA GHOSH on 19 August 2026

1. Petitioner invoked inherent power of this Court under Section 482 of Code of Criminal Procedure for setting aside the order dated December 01, 2016. This order was passed by the leaned Sessions Judge, Barasat, North 24 Parganas in the Criminal Appeal No. 37 of 2014 which arose from a judgement and order dated August 12, 2014 by the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24- Parganas, in Complaint Case No. 14 of 2012 concerning an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. When the matter has been called, none appears to represent the parties. Parties were not represented even on the last occasion.

3. Despite several opportunities being granted, the parties remained unrepresented. Consequently, in line with prior directions, the Court proceeded to dispose of the matter on the basis of the materials on case record.

4. The record shows that the Sessions Judge has dismissed the Criminal Appeal No. 37 of 2014 by rejecting the petition filed under Section 5 of the Limitation Act, 1963 as the appellant had failed to take necessary steps before the first Appellate Court.

5. As a result, the trial Court’s conviction order was affirmed. A review of the trial Court’s judgment indicates that the order was passed after a proper evaluation of all relevant facts and applicable laws.

6. Finding no prima facie irregularity or illegality or impropriety in either the Appellate judgment or in the trial Court’s judgment, this Court concludes that judicial intervention is not necessary at this stage.

7. Accordingly, the revisional application is dismissed without any order as to costs.

8. Interim order, if any, stands vacated.

9. Urgent photostat copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Uday Kumar, J.)