SRI TRIDIB DUTTA CHOUDHURY Vs. SRI PINAK BHATTACHARJEE

JUDGEMENT

(1.) This criminal revision petition is arising out of a proceeding under Negotiable Instruments Act, 1881. The Respondent herein filed a complaint in the court of learned Chief Judicial Magistrate, Kamrup at Guwahati on 16.12.09 for trial of the accused under Section 138 of the N.I. Act. The complaint was registered as C.R. Case No. 4607 of 2009 and in due course the case was transferred to the court of SDJM II, Kamrup, Guwahati. The complaint petition was accompanied with evidence in the form of an affidavit and relevant documents. On the basis of the averments made in the complaint petition and affidavit evidence, cognizance was taken and process against the accused was issued vide order dated 16.12.2009.

(2.) After appearance in the court, the accused prayed for review of the order dated 16.12.09 on the ground that the affidavit of the complainant cannot be considered as initial deposition as contemplated under Section 200 of the Code of Criminal Procedure. The objection of the accused was over ruled vide order dated 13.12.10. Hence, the accused has preferred this revision petition challenging both the orders dated 16.12.09 and 13.12.10.

(3.) Heard Mr. BN Sarma, learned Counsel for the Petitioner and Mr. SK Ghosh, learned Counsel appearing for the sole Respondent.