TAPAN KR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner was tried and was convicted for an offence punishable under Section 138 of the Negotiable Instruments Act. The said order of conviction was challenged before the appellate Court and the appellate Court set aside the order of conviction and sentence and directed the trial Court to proceed with the trial de novo from the stage of 251 of the Code of Criminal Procedure. During the course of such trial, the petitioner moved an application praying for permission to contradict the witnesses with reference to their statement recorded during the earlier trial. However, the learned trial Court rejected the said application and when the said order was challenged before the Sessions Court, the Session Court affirmed the said order, hence this criminal revision.

(2.) Admittedly, this is a second revision and in view of clear prohibition contained in Section 397 (3) of the Code of Criminal Procedure, no revision against the same can be entertained unless it is shown the order impugned suffers from manifest illegality and brings out a situation which is completely an abuse of process of Court.

(3.) Heard Mr. Prabir Mitra, learned advocate appearing on behalf of the petitioner. Perused the impugned order.