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Judgment
The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The
petition is taken up through video conference on the basis of such undertaking.
Re. CRAN 2526 of 2020
This is an application for allowing the revisional application to be moved via video conference. Since this Court is hearing the revisional application by
virtual method through video conference, no order is required to be passed in the said application and the same is disposed of.
Re. CRR 1051 of 2020
The de facto complainant (opposite party no.2) made a complaint against the petitioner involving a dispute regarding sale and supply of yarn. The
Bowbazar Police Station pursuant to such complaint was conducting an investigation. The investigation while was in progress, by an order dated 20th
November, 2019 ACMM-II, Calcutta, directed the petitioner’s bank account no.01052050003391 with the HDFC bank U. N. Bhramachari
Branch to remain freezed for the purpose of investigation. The investigation has now stood concluded. The petitioner and the opposite party no.2 (de
facto complainant) have settled their disputes amicably. The concerned police authority have also informed the learned ACMM-II, Calcutta regarding
the completion of the investigation and have also filed the F.R.T. in February, 2020, but no final order could be passed by the Magistrate due to the
present scenario. The petitioner submits that unless the bank account of the petitioner maintained with the HDFC bank which was directed to be
remained freezed by the order dated 20th November, 2019 is allowed to be operated the petitioner is finding immense difficulty in meeting its expenses
which includes payment of its staff and employees. The petitioner, therefore, submits that the petitioner be allowed to operate the said bank account.
Under normal circumstances, the petitioner would have been asked to get a final order from the concerned Magistrate on being informed about the
F.R.T. and the compromise between the parties. The last order of the learned ACMM-II, which is on record is of February, 2020. Due to the present
situation the functioning of the courts have become restricted. The petitioner therefor has approached this Court under section 482 of the Code of
Criminal Procedure 1973, to allow the petitioner to operate the bank account till the final order is passed by the ACMM-II, Calcutta.
The opposite party no.2 (de facto complainant) through its advocate in an unambiguous language submits that they are not inclined to continue with the
freezing of account of the petitioner, particularly, in view of the amicable settlement arrived at between themselves and the petitioner.
Considering the facts of the case and bearing in mind the present scenario, the petitioner is allowed to operate the bank account maintained with the
HDFC bank U. N. Bhramachari Branch bearing No.01052050003391 with effect from 19th June, 2020 till such time that the regular functioning of the
Court of ACMM-II is reinstated. The petitioner shall keep separate accounts of the drawing and receipt in the said account from 19th June, 2020 and
shall produce the same before the concerned Magistrate at the time of hearing. The concerned Magistrate shall be at liberty to consider the materials
on record and pass necessary orders. If the said account of the petitioner is required to be freezed again, the Magistrate concerned will be free to
pass such orders. The petitioner will be under the obligation to bring in the amount withdrawn between 19th June, 2020 till the final order passed by the
concerned Magistrate, in the event, the learned Magistrate is of the view that the account of the petitioner is required to be freezed again.
With the above observations, the revisional application is disposed of.
There shall, however, be no order as to costs.