KAMAKHYA TEA CO. PVT. LTD. Vs. CHITRA CHEMICALS

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel for the petitioner and also heard Mr. H. Chanda, learned counsel for the Respondent.

(2.) This revision petition, under Ss. 482 read with Sec. 401/397 of the Code of Criminal Procedure, is directed against the order dtd. 30/4/2016, passed by the learned Addl. Chief Judicial Magistrate, Dibrugarh in Complaint Case No. 46/2016, under sec. 138 of N.I. Act and also against the judgment and order, dtd. 4/4/2018, passed by the learned Sessions Judge, Dibrugarh in Criminal Revision No. 21(2) of 2017. It is to be noted here that vide impugned order, dtd. 30/4/2016, the learned Addl. Chief Judicial Magistrate, Dibrugarh, in Complaint Case No. 46/2016, had taken cognizance under sec. 138 of N.I. Act against the petitioners and vide impugned judgment and order dtd. 4/4/2018, the learned Sessions Judge, Dibrugarh, had dismissed the Criminal Revision No. 21(2) of 2017, preferred by the petitioners against the order dtd. 20/3/2017, vide which the learned Addl. Chief Judicial Magistrate, Dibrugarh had decided to proceed against the accused No.1 and 2 as the main grievance was against them, only on the submissions made by the complainant side.

(3.) The factual background, leading to filing of the present petition, is briefly stated as under: