MAGNUM ENTERPRISES Vs. STATE AND SANJIB KISORE BASU

JUDGEMENT

(1.) No one appears on behalf of the State of West Bengal in spite of notice and the affidavit of service having been filed. Let the affidavit of service affirmed on 3rd February, 1994 be kept on record.

(2.) - This revision is at the instance of the partnership firm under the name and style of M/s. Magnum Enterprises, represented by one Surinder Bantia, a partner of the Firm. The petitioner herein challenged the order dated 4th May, 1992 passed by the learned Judicial Magistrate, 5th Court, Alipore, South 24-Parganas, in Case No. C 393 of 1992, directing issuance of warrant of arrest against the firm.

(3.) The fact giving rise to this present revisional application is that the opposite party no. 2 herein filed a petition of complaint before the learned Sub-divisional Judicial Magistrate, Alipore, against the Firm, petitioner herein, and its partner Sri Surinder Bantia and the Manager of the Firm, Sri Bejoy Bahadur Singh, alleging an offence against these accused persons under section 500 of the Indian Penal Code. The partner and the manager of the firm in answer to the summons as issued by the learned Sub-divisional Judicial Magistrate, Alipore, appeared before the court on the 4th May, 1992 and they informed the court that the accused no. 1 being the firm, cannot appear before the court Upon the prayer of the learned Advocate for the complainant the learned Magistrate by his order no. 4 dated 4th May, 1992 directed issuance of warrant of arrest and proclamation of attachment.