This order dismisses a revision petition seeking to set aside a Magistrate order directing the petitioner to surrender for bail under Section 138 NI Act, noting the surrender prayer rendered the revision infructuous when no party appeared.
The revisional application to set aside the impugned order dated 16.1.2015 is dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10 4.4.2022 sb ct. no. 35
CRR 667 of 2015
In the matter of : Swapan Dey @ Arun Dey
….Petitioner
The matter is listed today for hearing.
None appears for the petitioner and the opposite party.
On a perusal of the record, it appears that there was an interim stay for two weeks in connection with the order dated 16.1.2015.
The petitioner prayed for setting aside of the impugned order dated 16.1.2015 passed by the learned Judicial Magistrate, 2nd Court, Alipore in a case under Section 138 of the Negotiable Instruments Act, 1881. The petitioner by order dated 13.3.2015 was directed to surrender before the learned Court below within two weeks and pray for bail, in default the interim order would stand vacated.
In view of such order and the prayer made by the petitioner, the revisional application appears to be infructuous and the same is dismissed.
Let a copy of this order be sent to the learned Judicial Magistrate, 2nd Court, Alipore for information.
All parties are to act on the server copy of this order duly obtained from the official website of this Court.
(Ananda Kumar Mukherjee, J.)
1 issue framed by the court
Whether a revisional application to set aside an order directing surrender for bail becomes infructuous if the petitioner fails to surrender as per the order.
1 provisions across 1 enactments
Swapan Dey @ Arun Dey
The State
Ananda Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
