DILIP PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application has been filed by the petitioner for quashing of Sessions Case No. 03(10) 10 arising out of G.R. No. 2159/09 vide Barasat Police Station F.I.R. No. 630 dtd. 19/8/2009 under Sec. 376 of the Indian Penal Code pending before the Learned Additional Sessions Judge, 5th Court, Barasat and order dtd. 6/4/2011 passed by the Learned Additional Sessions Judge, 5 th Court, Barasat rejecting the prayer for discharge of the accused person under Sec. 227 of the Code of Criminal Procedure.

(2.) The opposite party no. 2 was a labour contractor appointed by the petitioner in terms of agreement cum appointment letter dtd. 1/9/2008 for his project site namely "Sonar Tari" at Jhargram, Paschim Medinipur, which she has admitted in her complaint under Sec. 138 of the Negotiable Instrument Act against the petitioner, being Case No. C/9451/10, pending before the Learned Metropolitan Magistrate, 8 th Court, Calcutta. At that time the opposite party no. 2 was residing at Kalachand Para, P.O. Duttapukur, P.S. Barasat, North 24 Parganas.

(3.) Barasat Police Station Case No. 630 dtd. 19/8/2009 was registered on receiving a complaint under Sec. 156 (3) of Cr.P.C. along with a direction from the Learned Chief Judicial Magistrate, Barasat to investigate the case treating the said complaint lodged by the opposite party no. 2 as First Information Report.