ASHWINI KUMAR SINGH Vs. PANCHAMI STONE QUARRY

JUDGEMENT

(1.) The petitioners have approached before this Court by filing an application under Section 482 of the Code of Criminal Procedure 1973 praying for quashing of the proceedings being C.S. Case No.AC/121/17 under Section 138 read with Section 141 of the Negotiable Instruments Act,1881 pending before the Court of learned Judicial Magistrate 2nd Court Suri. At the same time petitioners have approached for quashing of the orders dated 13th July, 2017 and 9th July, 2018 regarding issuance of summons upon the petitioners and rejection of the petitions under Section 305 and 205 of the Code of Criminal Procedure respectively.

(2.) Before considering the rival submissions made by the learned Counsel for the parties, the relevant facts which are necessary for disposal of this revisional application may be set out briefly.

(3.) The opposite party M/S Panchami Stone Quarry filed a petition of complaint against the present petitioners on 13th July, 2017 before the learned Additional Chief Judicial Magistrate Suri, Birbhum. The petition of complaint was registered as AC case No.121 of 2017. Learned Additional Chief Judicial Magistrate on the same date transferred the said petition of complaint to the Judicial Magistrate 2nd Court Suri, Birbhum after taking cognizance. Before transferring the said complaint petition to the transferee Court, the learned Additional Chief Judicial Magistrate issued summon mentioning the liberty available to the accused/petitioners to adopt plea bargaining. On 26th March, 2018 the petitioners entered appearance before the learned Judicial Magistrate 2nd Court, Suri, Birbhum and filed two separate applications under Section 205 and 305 of the Code of Criminal Procedure. Learned Magistrate directing the accused persons to appear on 16.05.2018. On 9.07.2018 Learned Magistrate rejected the applications filed by the present petitioners/accused persons under Section 305 and 205 of the code of Criminal Procedure.