Cheque-bounce case: Barasat judge gives bail after hearing till 3 am
Times of India | 19 March 2025
123 Kolkata: The Additional Chief Judicial Magistrate (ACJM) Court in Barasat delivered a bail order in a cheque-bounce case at 3 am on Tuesday — an unusual occurrence in the court's history.
According to the law, an arrested person must be presented before the court within 24 hours of arrest. Accused Jyoti Prakash Das, a trader arrested by Madhyamgram police over an alleged cheque bounce case under NI (Negotiable Instrument Act) 138 on March 12, was produced in the court on the evening of March 17. He had to wait for over five days to get bail for an offence where one can be granted bail even from police stations.
But Madhyamgram police produced him before Barasat ACJM Court on Tuesday evening, citing medical reasons for the delay.
The hearing commenced at 8 pm on Monday and concluded at 3 am on Tuesday when the judge granted Das bail on a personal bond of Rs 1,000.
Lawyers at the Barasat Court have alleged that negligence on the part of Madhyamgram PS led to the prolonged legal proceedings, ultimately resulting in the extraordinary late-night verdict.
According to the arrest memo submitted by Madhyamgram police, Das was arrested on March 12, 2025, in connection with a cheque bounce case under section 138 of the Negotiable Instruments (NI) Act. However, instead of being presented before the court within 24 hours, as mandated by law, he was produced only on March 17.
"Cops failed to inform the court about the delay, leaving a gap of five days without any intimation. We only learned about our client's court production when we attended the hearing on Tuesday evening. The proceedings began at 8 pm and ended at 3 am," said defence lawyer Sushovan Mitra. "The police report mentioned that due to illness, the accused was first admitted to Barasat Medical College and later to RG Kar, which delayed his court presentation," a senior officer of Barasat district police said.
Sources revealed on Tuesday, he was initially presented before the Barasat Executive Magistrate Court, from where the case was transferred to the ACJM Court. The hearing for this case began at 8 pm and continued for an extended period. Finally, at 3 am, the Barasat ACJM judge granted the accused bail on a personal bond of ₹1,000.
"The case, filed under Section 138 of the Negotiable Instruments (NI) Act, is a bailable offence—something both the police and the Executive Magistrate should have been aware of. Yet, due to procedural lapses, the accused and the lawyers were forced to remain in court until midnight for his bail plea. In my long judicial career, this is the first time a verdict was delivered at such an hour. If the police conducted a proper investigation and presented the accused in court on time, the proceedings would not have dragged on so late," said Gourishankar Mondal, a senior lawyer at the Barasat Court.