RAVINDRA KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SINCE a common question of law involved in both the criminal revisions viz. C. R. R. No. 1147 of 2008 and C. R. R. No. 1148 of 2008, both the matters are taken together for hearing.

(2.) HEARD Mr. Joymalya Bagchi, the learned counsel appearing for the petitioner with Mr. Koushik Chatterjee. Mr. Jayanta Nath Saha, learned advocate appearing with Mr. K. P. Tewari on behalf of the opposite party No. 2 in both the matters and Mr. S. S. Roy, the learned advocate, appearing for the State in C. R. R. No. 1147 of 2008 and Mr. Swapan Kumar Mullick, the learned advocate for the State appearing in C. R. R. No. 1148 of 2008. Perused the impugned order as well as the other materials on record and the case laws relied upon by the parties.

(3.) THE subject matter of challenge in both the aforesaid criminal revisions is an order passed by the learned Metropolitan Magistrate, 9th Court, Calcutta in connection with a proceeding relating to an offence punishable under section 138 of the Negotiable Instruments Act, rejecting the prayer of the petitioners who were enjoying exemption under section 205 of the Code of criminal Procedure, for dispensation with their personal attendance for their examination under section 313 (b) of the Code of Criminal Procedure.