MD. SAJIRUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceeding of complaint case No.177C/2013 under Sec. 138 of the Negotiable Instruments Act, pending before the learned Judicial Magistrate, 1stCourt, Malda and setting aside of the order dtd. 29/6/2019 passed by the learned Additional Sessions Judge, 5thCourt, Malda in Criminal Revision No.12 of 2018, thereby dismissing the revisional application filed by the petitioner and affirming the order dtd. 5/1/2018 passed by the learned Judicial Magistrate, 1stCourt, Malda in complaint case No.177C of 2013 and Order dtd. 5/1/2018 passed by the learned Judicial Magistrate, 1stCourt, Malda in complaint case No.177C of 2013, rejecting thereby the prayer of the petitioner for discharge from the instant case.

(2.) The petitioner's case is that the petitioner is a teacher of Osmania High Madrasah and is an accused in the present complaint case no.177C/2013, under Sec. 138 of the Negotiable Instruments Act, pending before the learned Judicial Magistrate, 1stCourt, Malda.

(3.) On 26/3/2013, a petition of complaint was filed by the opposite party no.2 before the court of the learned Chief Judicial Magistrate, Malda, alleging commission of an offence by the petitioner punishable under Sec. 138 of the Negotiable Instruments Act. The said case was registered as Complaint Case No.177C/2013.