NISHIT KUMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of challenge in this criminal revision being CRR No. 865 of 2010 is an order passed by the learned Metropolitan Magistrate, 15th Court, Calcutta, rejecting the Petitioners' application under section 205 of the Code of Criminal Procedure in connection with a case instituted on a complaint relating to an offence punishable under section 138 of the Negotiable Instruments Act, whereas in CRR 2352 of 2010 subject-matter of challenge is an order whereby the learned Court below issued warrant of arrest against him.

(2.) Now, in the above background, it would quite expedient for this to take up for hearing both the aforesaid criminal revisions together and dispose of the same by a common judgment.

(3.) The learned Counsel appearing on behalf of the Petitioners' vehemently urge, the Court below was not at all justified in rejecting the Petitioners' application under section 205 of the Code of Criminal Procedure, merely on the ground that the Petitioners sought for such exemption, without at all appearing in Court, although the case in connection with which such application was moved instituted on a complaint relates to a case triable as a summons case. He further submitted that the learned Magistrate should not have issued warrant of arrest against the Petitioners when a criminal revision was still pending before this Hon'ble High Court against an order passed by that Court rejecting the Petitioners' application under section 205 of the Code.