KSHITISH CH. KARMAKAR Vs. ZAHIDUL HUSSAIN

JUDGEMENT

(1.) Heard Mr. R. Ali, learned counsel for the petitioner and Mr. A. Alam, learned counsel for the respondent.

(2.) The matter was heard on 13.02.2020 and the Court had dismissed the revision and it was made clear that a detail order would follow. At that time, none of the counsel for the parties had bothered to apprise the Court that the learned trial Court in its judgment and order dated 29.11.2004 in N.I. Case No. 22/2014, had directed the petitioner herein (accused in that case) to the cheque amount of Rs.10,5000/- (sic.) in double. If that figure is accepted as correct then it would be Rupees one lakh five thousand only. While preparing the detailed order of dismissal of revision, it has come to the notice of the Court that the cheque which was dishonoured was a sum of Rs.10,05,000/- (Rupees ten lakh five thousand only). Moreover, on the perusal of the records of the first appellate Court records, it is seen that the petitioner herein, who was the appellant had taken a plea that the liability against the cheque was Rs.10,05,000/-. Even in this revision petition, the stand of the petitioner herein is that the liability against the dishonoured cheque was Rs.10,05,000/-. Therefore, the Court is now faced with a dilemma that if the revision is dismissed, it would revive an order of payment of Rs.10,5000/- whereas the cheque amount is Rs.10,05,000/-.

(3.) Accordingly, instead of pronouncing/ delivering the judgment, this Court deemed it appropriate that the matter be listed under 'To be spoken to column'. Accordingly, the matter was last listed on 17.02.2020. However, the listing had escaped the notice of the learned counsel for the petitioner. Hence, the matter was again listed today.