(1.) BOTH these applications under section 401 read with section 482 of the Code of Criminal Procedure relate to identical points of law and as such the same were heard together on consent of learned Counsel for the parties.
(2.) THE case being C. R. R. No. 1719 of 2006 is directed against order dated 8. 3. 2006 passed by learned 5th Fast Track Court, Kolkata in Criminal Revision no. 157 of 2005. The learned Court of Revision, by the said order, confirmed the order dated 2th September, 2005 passed by the learned 11th Metropolitan magistrate, Kolkala, in Case No. C/7540 of 2003.
(3.) THE backdrop of the said case may briefly be stated as follows: opposite party No. 1, representing M/s. Supertron. Electronics Ltd. , filed an application under sections 138/141 of the Negotiable Instruments Act before the learned Court of Chief Metropolitan Magistrate, Kolkata. The learned Court, after taking cognizance, made over the said case to the learned Court of metropolitan Magistrate for disposal.