TAPASH PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this criminal revision is an order of dismissal of a complaint before issuance of summons on the ground of nonappearance of the complainant and his lawyer. The order impugned is quoted below;

(2.) Heard the learned advocate appearing on behalf of the petitioner as well as the learned advocate appearing on behalf of the State. Perused the impugned order as well as the other materials on record.

(3.) The case in question relates to an offence punishable under Section 138 of the Negotiable Instruments Act. After filing of the complaint before the Learned Chief Judicial Magistrate, Barasat, the Court took cognizance and transferred the case to the Court of the Learned Judicial Magistrate, 1st Court, Barasat. After receipt of records the Learned Judicial Magistrate, 1st Court, Barasat, on 18th of August, 2008 fixed September 2, 2008 for recording of initial deposition of the complainant. On September 2, 2008 and on November 14, 2008 the complainant was absent by petition and hearing was adjourned till March 2, 2009. On March 2, 2009 the complainant was not present when the Learned Magistrate fixed July 8, 2009 as the next date directing the complainant to show cause as to why the complaint shall not be dismissed. On July 8, 2009 the complainant was present in Court filed his affidavit-in-chief as well as his reply to the show cause. But on that day due to the Court reason the hearing was adjourned till August 25, 2009. On August 25, 2009 the complainant was absent and the Learned Magistrate dismissed the complaint.