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2026 DAILYLAW 43754 (CAL)

ABHISEK HUI v. STATE OF WEST BENGAL AND ANR

CRR/3749/2026 · 2026-09-25

Ajoy Kumar Mukherjee

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.09.2026 Sl. No.12. D/L. Mithun. Ct.No.29. CRR/3749/2026 Abhisek Hui Vs. State of West Bengal & Anr. Mr. Mrityunjoy Chatterjee, Mr. Manas Das …for the petitioner Petitioner herein has assailed the order dated 10.12.2025 passed by learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal No.50 of 2025. Being aggrieved by the aforesaid order, learned Counsel for the petitioner submits that the opposite party herein initiated a proceeding under Section 138 of the Negotiable Instrument Act against the petitioner and by a judgment and order dated 8th April, 2025, the Trial Court convicted the petitioner and sentenced him to pay a sum of Rs.14,08,320/- to the complainant towards compensation, in default to suffer imprisonment for one year. Being aggrieved by the aforesaid order, the convict/appellant preferred Criminal Appeal No.50 of 2025 and the Appellate Court by an order dated 19.06.2025 admitted the appeal subject to the condition that the appellant shall deposit 20 % of the compensation amount of Rs. 14,08,320/- before the Trial Court by the next date. Thereafter, the petitioner/convict/appellant had taken various dates for making payment of the said amount but ultimately failed to make payment of the same and, therefore, the 2 Court below dismissed the appeal vide impugned order dated 10.12.2025. Being aggrieved by that order, learned Counsel appearing on behalf of the petitioner has made an innocuous prayer before this Court to give him liberty to make payment of the said amount within a period of two weeks before the Trial Court and thereby to admit the appeal so that the appeal can be heard on merit. Having considered the submission made on behalf of the petitioner and also on the ground that the order which is going to be passed by this Court will not prejudice the opposite party, the service of copy of application upon the opposite party is dispensed with. Having heard learned Counsel for the petitioner, the instant application being CRR 3749 of 2026 is hereby disposed of with a direction upon the petitioner to deposit 20% of the compensation amount of Rs.14,08,320/- within a period of two weeks from this date and in the event of such deposit by the petitioner before the Trial Court, the Appellate Court shall admit the appeal and dispose of the same on merit within the shortest possible time. 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. )