Soumen Dey vs. State Of West Bengal

ITEM NO.1714 COURT NO.9 SECTION II-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 34730/2023

SOUMEN DEY Petitioner(s)

VERSUS

STATE OF WEST BENGAL & ANR. Respondent(s)

(WITH IA No.197692/2023-CONDONATION OF DELAY IN FILING and IA No.197706/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.197695/2023-EXEMPTION FROM SURRENDERING WITHIN TIME and IA No.197698/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 03-10-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL [IN CHAMBER]

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

IA No.197695/2023-APPLICATION FOR EXEMPTION FROM SURRENDERING

1 Learned counsel for the petitioner submits that even though the Trial Court had acquitted the accused/petitioner herein, the High Court reversed such findings of fact and convicted the accused under the provisions of the Negotiable Instruments Act, 1881,

2 The petitioner has been directed to pay fine and, in default, suffer imprisonment for a period of two years.

• 3 Learned counsel for the petitioner submits that the petitioner has arguably a good case and that the High Court erred in appreciating the evidence led by the parties. Learned counsel also submits that the provisions of the statute were misconstrued and misapplied.
• 4 In view of the above, the application for exemption from surrendering is allowed.

(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR