SWAPAN KUMAR ROY Vs. LAKSMI NARAYAN GUPTA

JUDGEMENT

(1.) This revisional application is directed against the impugned order no. 2 dated 29th Sept., 1979 passed by the learned Judicial Magistrate. Sri N. Ghose in Case No. C-741/79 whereby the learned Magistrate was pleased to take cognizance of the case and to issue warrant of arrest against the accused-petitioner Swapan Kumar Roy under section 406/420,1. P. C. Prior to order No. 2 dated 19.9.79 Sri N. Ghosh had himself received the case on transfer from the Sub-Divisional Judicial Magistrate Sri S. K. Nandi. That earlier order is also dated 19.9.79.

(2.) The facts of the case, according to the complainant-opposite party Laksmi Narayan Gupta are that there had been an agreement between the complainant and the accused petitioner Swapan Kumar Roy and that in utter violation of the terms of the agreement the latter took delivery of huge quantity of Bilow Paper Packets behind their pack causing total lose of Rs. 1,00,000.00 and odd. Upon these averments and other materials placed on record, the learned Magistrate issued processes against Swapan and being aggrieved thereby Swapan has preferred this revision.

(3.) Mr. Dutt, the learned Advocate appearing for the accused-petitioner, has argued that Sri Nandi ought to have taken cognizance of the case first and thereafter only he ought to have transferred the case under section 192, Cr. P. C. In support of this contention he has relied upon a Division Banch decision of this Court reported in AIR 1953 Cal 108 (A. E. Palit Vs. The State) .