YOGESH MEHRA @ YOGESH JOGINDERNATH MEHRA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2020-2-118
HIGH COURT OF CALCUTTA
Decided on February 04,2020

YOGESH MEHRA @ YOGESH JOGINDERNATH MEHRA And ORS Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Jay Sengupta, J. - (1.) The revisional applications, being CRR 181 of 2020 and CRR 3562 of 2019, which pertain to the same proceeding under Section 138 of the Negotiable Instruments Act are taken up together for hearing.
(2.) Affidavits of service filed on behalf of the respective petitioners are taken on record.
(3.) Mr. Ayan Bhattacharya, learned counsel appearing for the petitioner/complainant in CRR 3562 of 2019 and for the complainant/opposite party no.2 in CRR 181 of 2020, submits as follows. The petitioner/complainant has initiated the impugned proceeding in February, 2018. Although an application under Section 205 of the Code was allowed in respect of the individual accused, subsequently they absented themselves and tried to delay the proceeding. In fact, the prayer under Section 205 of the Code was allowed on the very same day the application was filed. Due to their absence, a warrant of arrest had to be issued. The recall of warrant of arrest behind the back of the complainant ought to be set aside.;


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