AMITABHA SENGUPTA Vs. ATANU BANIK

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing along with Mr. Dipjyoti Paul, learned counsel for the petitioner. Also heard Mr. Ratan Datta, learned P.P. appearing for the State- respondent as well as Mr. Uttam Kumar Majumder, learned counsel appearing for respondent No.1.

(2.) This instant petition has been preferred by the petitioner with a prayer for passing necessary order by invoking the inherent power of the High Court under Sec. 482 of Cr.P.C. and to set aside the impugned Order dtd. 28/3/2023 passed by the learned Sessions Judge, West Tripura, Agartala in case No. Crl. Revision 24 of 2022. It has further been prayed that the instant petition be allowed by invoking the inherent power of the High Court under Sec. 482 Cr.P.C. by referring the cheque in question for examination by the hand-writing expert for determining the hand-writing of the respondent No.1 in the said cheque and also to pass interim order, staying the further proceedings of case No.N.I. 69 of 2017 pending before the Court of learned Addl. Chief Judicial Magistrate, West Tripura till disposal of the instant petition.

(3.) The brief facts of the case are that the respondent No.1 had filed a complaint petition against the petitioner, Sri Amitabha Sengupta on 22/4/2017 under Sec. 138 of the Negotiable Instruments Act, 1881 and under Sec. 420 of Indian Penal Code in the Court of learned Chief Judicial Magistrate, West Tripura, Agartala which was registered as case No. N.I. 69 of 2017. Thereafter, the same was transferred and entrusted to the Court of learned Additional Chief Judicial Magistrate, West Tripura, Agartala for disposal in accordance with law. It is contended by the respondent No.1 in N.I. 69 of 2017 that the respondent No.1, Atanu Banik and the petitioner, Amitabha Sengupta are businessmen by profession and both of them were closely associated business partners with each other.