K.D. BOSE Vs. UPENDRA KRISHNA CHATTERJEE

JUDGEMENT

(1.) THIS is a petition for revision of an order of a learned Magistrate vacating an earlier order which he had made directing certain evidence to be taken on commission.

(2.) THE petitioner was charged with the offence of cheating. It was alleged that the cheating took place in this city on December 4, 1949. The defence was that the allegations were wholly false because the petitioner was not in Calcutta on the day in question, but was at Delhi where he resided from November 25, 1949 to December 30, 1949. If this allegation of the petitioner could be established, then quite obviously he had a complete defence to the charge of cheating.

(3.) THE petitioner made an application to the learned Magistrate that a commission be appointed to examine these three witnesses at Delhi and on June 12, 1950 the learned Magistrate made an order for a commission Under Section 503 of the Code of Criminal Procedure. The parties were requested to put in interrogatories under 505 of the Code of (sic) certain interrogatories were put in on behalf of the accused. No interrogatories were filed on behalf of the complainant. Shortly after, an application was made to the learned Magistrate to vacate his earlier order and on June 17, 1950, five days after the making of the earlier order, he vacated it.