SAMRAT BHOWMIK Vs. CHANDA & COMPANY & ORS

JUDGEMENT

(1.) This is a case where maintainability of two complaint cases, instituted for commission of offence under Section 138 of Negotiable Instruments Act, was challenged taking the grounds of limitation, as provided under Section 142 of the Negotiable Instruments Act, for the limitation provided under the Act having been stretched by an order of learned Magistrate authorising complaint to refile the same to the competent court having jurisdiction to try the offence, both the Revisional Applications were heard together by the consent of the parties on the simple ground that in both the cases a common order passed by Magistrate, was subjected to challenge.

(2.) The impugned order dated 17th September, 2018 passed by learned Additional Sessions Judge, 3rd Court Cooch Behar in Criminal Revision No. 12 of 2017 and criminal revision No. 13 of 2017 respectively dismissing the revisional applications and thereby affirming the order dated 14.02.2017 passed by learned ACJM Mathabhanga in CR 8 of 2015 and CR 9 of 2015 is the subject matter of challenge in this revisional application under Section 482 Cr. P.C.

(3.) Learned advocate for the revisionist covering both the cases referred herein above submitted that both the courts below failed to consider that the limitation period provided in Section 142 of the Act could not be stretched any more by order of the learned Magistrate, Dinhata dated 04.05.2015 thereby returning the complaint to the complainant with a direction to refile the same within 30 days from the date of the order to the court having proper territorial jurisdiction, and such was passed making clear contravention of the provisions contained in Section 142 of the Negotiable Instruments Act, providing limitation for filing the complaint as well as for taking congnizance of complaint. Thus according to petitioner, when complainant being emboldened by the order of the learned Magistrate, Dinhata refiled the complainant, same would necessarily tantamount to fresh filing requiring necessary compliance afresh under Section 142 of the NI Act, and non-compliance thereof would render abuse of the process of the Court.