GAUTAM DEY Vs. GOLAM SAHARIA

JUDGEMENT

(1.) INTRODUCTION 1.1. This revisional application, preferred under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure, 1973, is directed against the proceedings of C.R. Case No. 365 of 2022 (TR Case No. 410 of 2022) pending before the Learned Judicial Magistrate, 1st Class, 2nd Court, Berhampore, Murshidabad.

(2.) BACKGROUND FACTS 2.1. The genesis of the present dispute is found in a purported business transaction between the Opposite Party (Complainant) and one Tapan Kumar Dey (since deceased), the elder brother of the petitioner. It is alleged that the deceased, in his capacity as a Ration Dealer, secured a loan of Rs.27,00,000.00 from the Opposite Party for business exigencies. 2.2. In purported discharge of the said liability, Tapan Kumar Dey issued an account payee cheque (No. 519344) dated February 1, 2022, drawn on the State Bank of India, Gram Salika Branch. However, the legal trajectory of this instrument was irrevocably altered when the drawer expired on February 3, 2022, as evidenced by the death certificate produced before the Trial Court (Annexure P-1).

(3.) QUESTIONS FOR DETERMINATION 3.1. Having set out the background facts that precipitated this revisional application, it is now imperative to crystallize the legal controversy. The primary grievance of the petitioner is that he has been compelled to stand trial for a criminal offense that is, by its very nature, fundamentally incapable of being committed by him.