BINOD CHANDRA SAHOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the Criminal Proceeding being C.S. No. 38724 of 2018 under Sec. 420/406 of the Indian Penal Code started pursuant to the complaint lodged by M/s. Jaypee Engg. and Hydraulic Equipment Co. Ltd. (the opposite party no. 2) herein pending disposal before the learned 8th Metropolitan Magistrate at Calcutta.

(2.) It is submitted that the authorized representative of opposite party no. 2 was examined under Sec. 200 Cr.P.C. on 31/10/2018 together with one Shekhar Agarwal by the learned Trial Court and it reveals from the initial deposition that the opposite party no. 2 has not been able to make out prima facie case against the petitioner even then the learned Court was pleased to issue process against the petitioner in most mechanical manner without even applying the judicious mind.

(3.) The learned Magistrate has issued process under Sec. 204 of the Criminal Procedure Code without exhausting the statutory obligation under Sec. 202 of the Criminal Procedure Code whereas admittedly the petitioner resides outside the jurisdiction of the learned trial court. As such order of cognizance suffers from perennial irregularity apparently visible.