BIJON KUMAR PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the present revisional application, the petitioner/accused challenged the order dtd. 9/1/2020 passed by the learned Metropolitan Magistrate, 9th Court at Calcutta in connection with G.R. Case No. 17/2014 arising out of Park Street Police Station Case No. 05/2014 dtd. 2/1/2014 under Ss. 406/420/506 of the Indian Penal Code thereby the learned Magistrate rejected the prayer for discharge of the petitioner from the said proceeding.

(2.) Sans unnecessary details, the facts of the instant case are as under: -

(3.) Learned Advocate appearing on behalf of the Petitioner submitted that the opposite party no. 2 has filed a complaint under Sec. 156(3) of the CrPC, thereafter, same was registered as Park Street Police Station Case No. 5/2014 dtd. 2/1/2014 under Ss. 406/420/506 of the IPC in pursuance of order of the learned Magistrate. Subsequently, a charge sheet has been submitted and cognizance was taken even after expiry of three years from the date of dismissal of earlier complaint filed under Sec. 138 of the NI Act, 1881 is absolutely an abuse of process of law and to secure the end of justice, the entire proceeding is required to be quashed and order dtd. 9/1/2020 is liable to be set aside otherwise the petitioner would suffer twice for a same and similar cause of action.