(1.) The present petitioner has been facing his prosecution under Section 138 of the Negotiable Instruments Act, in connection with the Complaint Case No. C- 3179 of 2001 before the Learned Metropolitan Magistrate, 11th Court, Calcutta. On 11.08.2009 a date fixed for examination of the accused under Section 313 of the Code of Criminal Procedure, a prayer for adjournment was made on behalf of the accused/petitioner on the ground a criminal revision before the High Court is pending and all further proceedings have been stayed. When the Learned Magistrate adjourned the matter till 29th of August, 2009 directing the accused/petitioner to produce the certified copy of the order in support of his claim that proceeding has been stayed.
(2.) Being aggrieved by such order the accused/petitioner moved a Criminal Revision No. 139 of 2009 before the Learned Chief Judge, City Sessions Court, Calcutta. The said criminal revision was allowed by the Sessions Court with the following orders; that the crl. Revn. 139/09 be and the same is allowed on consent in part. The impugned order dated 11.8.09 is hereby modified to the extent that the accused shall bring the stay order from the Honble Court and produce the same before the ld. M.M. within six weeks from this date, failing which, the ld. M.M. will be at liberty to examine the accused persons u/s 313 Cr.P.C. Ld. Magistrate is directed to dispose of the case by the end of March, 2010 in case the accused fails to produce any stay order before him. Both parties are directed to appear before the ld. Court below on 26.2.10. The petitioner in this criminal revision challenged the said order passed in connection with the aforesaid criminal revision.
(3.) The learned lawyer appearing on behalf of the petitioner could not at his best efforts able to highlight as to how the accused/petitioners aggrieved by such order. The learned advocate could not also able to enlighten this Court as to whether in connection with any criminal revision pending before this High Court there is any subsisting stay order as regards to the complaint case in question. He also fails to apprise this Court whether copy of any stay order has been produced before the Learned Court below or not although the time granted by the revisional Court has been expired.