SRI BASANTA DAS Vs. RATNA MONDAL

JUDGEMENT

(1.) Heard learned Counsel appearing for the parties. This revisional application has been directed against the order dated 16.07.2009 passed by the learned 2nd Judicial Magistrate, Sealdah in Case No. C-722 of 2007, whereby the learned Judicial Magistrate, 2nd Court, Sealdah, 24-Parganas, has permitted the complainant to put her signature on the petition of the complainant and the Vakalatnama and the complainant has further been permitted to continue with the proceedings through her constituted Attorney Samar Mondal. It is the case of the petitioner that the petitioner along with two other persons, namely, Ranjit Mondal and Tarapada Mistry purchased some land from the opposite parties Ms. Ratna Mondal and others, and several cheques were issued by the purchasers in the name of their vendors including the opposite party, Ms. Ratna Mondal, named in their sale deed. A cheque for the amount of Rs. 1,75,000/- bearing No. 736917 dated 23.07.2007 was issued by the present petitioner, Basanta Das, one of the purchasers in favour of the opposite party, Ms. Ratna Mondal. Before the petitioner filed notice before the bank for stopping the payment of the aforesaid cheque by his letter dated 27.8.2007, the bank authority, stopped the payment and the same was informed to the opposite party by their cheque returning memo dated 31.8.2007 with the endorsement "payment stopped by the drawer". But in spite of having previous knowledge from the petitioner regarding such: stopping of payment, the opposite party without replying or giving khas possession of the sold property sent demand notice to the petitioner under section 138 of the N.I. Act demanding the amount of the said cheque on 05.09.2007. The petitioner sent reply to the said notice under section 138 of the N.I. Act on 13.9.2007 annexing the previous notice dated 31.8.2007 which was duly received by the opposite party on 18.9.2007. But the opposite party filed the complaint case bearing No. C-722 of 2007 under section 138 of the N.I. Act on 11.10.2007 before the learned Additional Chief Judicial Magistrate, Sealdah, and thereafter the matter was transferred to the 2nd Court of learned Judicial Magistrate, Sealdah, for trial. The petitioner also filed a complaint case being Complaint Case No. 9643 of 2007 under sections 420/34 of the Indian Penal Code against the opposite party in the Court of the learned Chief Judicial Magistrate, Alipore. The opposite party filed the said complaint case with the General Power of Attorney issued in favour of Samar Mondal, and that complaint petition was not signed by the payee at the time of filing the same, and that was signed by one Samar Mondal and that complaint was filed without any signature of Ms. Ratna Mondal both in the complaint petition and in the Vokalatnama, and thereafter the opposite party filed a petition praying for allowing her to sign the complaint petition and Vokalatnama after a long period of more than one year on 7.11.2008 without sufficient cause or ground.

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(3.) The matter was heard by the learned Judicial Magistrate, 2nd Court, Sealdah and hearing the learned counsel for both the sides at length, learned Magistrate allowed the petition filed by the complainant and permitted her to put signature on the petition of complaint and the Vokalatnama, and the complainant was further permitted to continue with the proceeding through her constituted Attorney Samar Mondal.