Libertatem Magazine

Calcutta High Court Sets Aside Orders of Appellate Court Exercising Inherent Powers of High Courts, in a Matter Filed for Leniency of Compensation

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A petition was filed by the Petitioner challenging the order passed by the Learned Sessions Judge, Purba Medinipur in a Criminal Appeal which directed the Appellant to pay 50% of compensation amount for initiating trial against the Petitioner under the Limitation Act. The Court directed the Petitioner to pay 25%of the compensation. The High Court adjudicated this matter, in the case of Shri Biswajit Maji v. Moloy De & Anr.

Facts of the Case

On 12.11.2014, the Learned Judicial Magistrate, 2nd Court, Tamluk, Purba Medinipur convicted the present Petitioner under the Negotiable Instruments Act and sentenced him to undergo simple imprisonment till the rising of the Court and to pay Rs. 90,000/- as compensation to the complainant. Being aggrieved by the excessive amount directed to be paid as a pre-condition for the hearing of the appeal, the Petitioner preferred the present revision.  

Arguments Made on Behalf of the Petitioner

Learned Counsel appearing on behalf of the Petitioner stated that he was not in a position to pay 50% of the compensation amount as a precondition for the hearing of the application and the appeal. The Learned Counsel submitted that the right of the Applicant to prefer an appeal should not get frustrated merely because of his inability to pay 50% of the compensation amount awarded, that too during the Covid-19 pandemic.

The Decision of the Court

After examining the facts and circumstances of the case and examining the reasoning of the decision given by the session judge, the High Court directed the matter be remanded back to the Learned Appellate Court so that the application and the appeal could be decided afresh. The Petitioner was also directed to remit 25% of the compensation amount before the Learned Appellate Court.

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