This application for special leave to appeal seeks review of an acquittal under Section 248(1) CrPC. The court granted special leave to appeal due to scope for reappreciation of evidence found in the lower court's judgment and order.
Special Leave Petition allowed; leave granted to file appeal within statutory period.
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06 14.08. 2023 Ct 237
rup
CRMSPL 38 of 2023
Subal Chandra Dawn versus The State of West Bengal & Anr.
Mr. Pritam Choudhury …. For the appellant.
Learned advocate appearing on behalf of the appellant is present.
This is an application for special leave to appeal with regard to judgment and order dated 20.05.2023 passed by learned Judicial Magistrate, 4th Court, Bankura in connection with Case No. 635C/2015 under Section 138 of the Negotiable and Instrument Act whereby learned Magistrate acquitted the accused under Section 248 (1) of the Code of Criminal Procedure.
Having heard the learned advocate appearing on behalf of the appellant as well as considering the judgment and order passed by the learned Magistrate where there is scope for reappreciation of evidence, the Special Leave Petition filed within time stands allowed.
Thus, leave is granted to the appellant to file appeal within the statutory period.
Accordingly Special Leave Petition stands disposed of.
(Bibhas Ranjan De, J.)
2
1 issue framed by the court
Whether there is scope for reappreciation of evidence in the judgment and order of the learned Judicial Magistrate.
2 provisions across 2 enactments
Subal Chandra Dawn
The State of West Bengal
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
