BIRUPAKSHA DEB Vs. DEEPSUM INDUSTRIAL CORPORATION

JUDGEMENT

(1.) The present revisional application has been directed against an order dated 6.8.2001 passed by the learned Metropolitan Magistrate, 13th Court, Calcutta in Case No. C/474/2001.

(2.) The present opposite party No.1 filed a petition of complaint against the petitioner before the learned Chief Metropolitan Magistrate, Calcutta alleging Commission of an offence under section 138 of the N.I. Act. The learned Magistrate took cognizance of the offence and process was issued against the petitioner. The proceeding is now pending in the Court of learned Metropolitan Magistrate, 13th Court, Calcutta.

(3.) The present petitioner filed an application before the learned Magistrate with a prayer that since a police case, which was registered with Chinsurah police station at the instance of the present petitioner, is pending investigation under sections 420/406 IPC against present opposite party/complainant, the proceeding under section 138 N.I. Act should be dropped in view of the provision of section 258 of the Code of Criminal Procedure. The said application was rejected by the learned Magistrate and hence this revision.