Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 33049 (CAL)

NEARBY TECHNOLOGIES PVT LTD. v. STATE OF WEST BENGAL AND ANR

CRR/2145/2026 · 2026-08-06

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.08.2026 Item no. 10 Ct. No.237 AKG C.R.R. 2145 of 2026 With CRAN 1 of 2026 Nearby Technologies Pvt. Ltd. Vs. The State of West Bengal & Anr. Ms. Priyanka Sarkar, Mr. Vikramaditya Singh, Ms. Yashika Gupta, Ms. Susmita Das ……for the Petitioner Mr. Subir Ganguly, Mr. Sayan Mukherjee …for the State Ms. Shamoliana Sarkar, Ms. Paromita Barik …for O.P. No. 2 In Re: CRAN 1 of 2026 This is an application for condonation of delay in filing the revisional application. There is a delay of 24 days in preferring the revisional application. Upon consideration of the averments made in the application, this Court is satisfied that the petitioner was prevented by sufficient cause from approaching the Court within the prescribed period. Accordingly, the delay of 24 days in filing the revisional application is condoned. Accordingly, CRAN 1 of 2026 stands allowed. In Re: C.R.R. 2145 of 2026 The petitioner challenges the order dated January 20, 2026, passed by the learned Chief Judicial Magistrate, Alipore, South 24 2 Parganas, whereby the learned Magistrate directed the Branch Manager, Axis Bank of India, to transfer a sum of Rs. 17,50,000/- from Account No. 924020041070724 (IFSC Code: UTIB0000246) to the account of opposite party no. 2, being Indian Bank Account No. 50098847789 (IFSC Code: IDIB000H547), subject to opposite party no. 2 furnishing a bond for an equivalent amount with the usual conditions. Learned advocate appearing on behalf of opposite party no. 2 submits that opposite party no. 2 is a victim of cyber fraud. It is submitted that the amount in question was fraudulently transferred from the account of opposite party no. 2 and was subsequently credited to the account of the petitioner. Learned advocate appearing for the State also does not dispute the aforesaid factual position. It is submitted that, during the course of the investigation, it was revealed that the amount illegally withdrawn from the account of opposite party no. 2 had been credited to the account of the petitioner. This Court is of the view that, before passing the impugned order, the learned Magistrate ought to have afforded the petitioner an opportunity of being heard. In that view of the matter, liberty is granted to the petitioner to file an appropriate application before the learned Magistrate seeking appropriate relief within a period of seven days from date. Upon hearing all the parties, the learned Magistrate shall consider and decide the matter afresh, in accordance with law, within one 3 month thereafter, without being influenced by any observations made in this order. Accordingly, the order dated January 20, 2026, passed by the learned Chief Judicial Magistrate, Alipore, South 24 Parganas, is set aside. It is made clear that the said order has been set aside solely on the ground that the petitioner was not afforded an opportunity of being heard. Accordingly, CRR 2145 of 2026 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)