Extracted from the PDF above. The PDF is authoritative.
08.09.2026 Sl. No.02. D/L. Mithun. Ct.No.29. CRR/2900/2026
Puja Dey Vs. Gopal Chandra Das
Mr. Avik Ghatak, Mr. Dibyo Mukherjee …for the petitioner
In this application, the petitioner is aggrieved by the order dated 9th June, 2026 by which learned Revisional Court has refused to grant interim stay in favour of the petitioner.
Learned Counsel for the petitioner submits that the opposite party herein has initiated a complaint against the petitioner under Section 138 of the Negotiable Instruments Act. The said complaint case is not maintainable on various reasons. He further submits that during pendency of the said complaint case, the opposite party herein filed an application for granting interim compensation under Section 143A of N.I.Act. Learned Trial Court by an order dated 17.02.2026 granted interim monetary compensation of Rs.80,000/- to the complainant Gopal Chandra Das. Being aggrieved by that order, petitioner preferred the aforesaid criminal revision being No.12 of 2026. Learned Revisional Court admitted the said revisional application but has refused to grant stay of the execution of the order dated 17.02.2026 on the ground that though the complainant has alleged in the complaint that the impugned cheques were stolen from the
2 custody of the accused and she has lodged GDE and also instructed stop payment but the Bank statement discloses that the cheque was dishonoured due to insufficiency of the fund. However, he also observed that if the petitioner succeeds in getting an order in her favour in the said complaint case, then the amount paid by way of interim compensation can be returned to the accused along with interest and, therefore, he came to a conclusion that no consequential loss would be sustained by her if the stay is not granted in his favour. Being aggrieved by that order, learned Counsel for the petitioner submits that the Court below while passed the impugned
order failed to determine that provision under Section 143A is not to be followed to the strictest sense when the opposite party’s case is riddled with inconsistency and errors. He further submits that the Court below failed to see that the criminal complaint being C.R. 957 of 2025 is devoid of any merits and, as such, the Trial Magistrate ought not to have granted any interim compensation. Having heard learned Counsel for the petitioner, I find that the order which this Court is going to pass will not cause any prejudice to the opposite party and, as such, service of copy of application upon the opposite party is dispensed with. Having considered the submissions made on behalf of the petitioner, the instant application being CRR 2900 of 2026 is hereby disposed of with a direction upon the Court below to dispose of the criminal revisional application being No.12 of 2026
3 on the next date, i.e. on 13th October, 2026 or preferably within a period of one month thereafter. I make it clear that I have not gone into the merits of the revisional application or the merits of the complaint case. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
( Dr. Ajoy Kumar Mukherjee, J. )