DR. C. PALANIVELU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In spite of service nobody appears for the Opposite Party No.2.

(2.) The petitioner no. 1 is the President of Association of Minimal Access Surgeons of India ( hereinafter referred to as AMASI). The petitioner nos. 2 and 3 are the members of the said association. They had been arrayed as accused persons in the instant case instituted by the Opposite Party No. 2 on the allegation that the Opposite Party No. 2 who is a registered medical practitioner having MBBS and M. S. degree became a life member of the petitioners ' association. In order to enhance his qualification, he took a fellowship examination conducted by the said Association after depositing a sum of Rs. 1200/ -. He was informed that he had qualified in the said examination.However, no certificate was issued in his favour. Accordingly he prayed for issuance of process against the petitioner. Process has been issued against the petitioners under Section 420, 406 and 120B of the Indian Penal Code.

(3.) I have considered the materials on record. I find that in the instant case the opposite party no. 2 / complainant had merely alleged that he had qualified in the examination but in spite of being successful has not been issued a certificate.