ASHIM UDDIN BARBHUIYA Vs. SHRI J S PHARMACEUTICALS

JUDGEMENT

(1.) This Criminal Revision Petition, under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure, is filed by the petitioner Ashimuddin Barbhuyan challenging the legality, propriety and correctness of the order dtd. 1/4/2021, passed by the learned Sub-Divisional Judicial Magistrate, (S) No.1, Kamrup, Assam in C.R. Case No. 1873/2017. It is to be mentioned here that vide impugned judgment and order, the learned court below had dismissed the petition No. 7172, dtd. 17/11/2017, filed under Sec. 294 of the Code of Criminal Procedure, for allowing him to file some documents and also dismissed another petition No. 7174 dtd. 17/11/2017 filed under Sec. 243 of the Code of Criminal Procedure, 1973 read with Sec. 45 of the Indian Evidence Act for sending the disputed cheque to the Central Forensic Laboratory for scientific opinion.

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

(3.) Being highly aggrieved, the petitioner had approached this court by filing the present petition on the ground that the learned court below has committed grave illegalities in dismissing both the petitions and that the learned court below is inconsistent in its stand and that the grounds for dismissing the petition No. 7172 is not justified and that a petition under Sec. 294 of the Code of Criminal Procedure can be filed even after closing of evidence and that the grounds for rejection of the petition No. 7174 is also not justified and that the learned court below had invoked the provision of Sec. 20 and 87 of the negotiable Instrument Act which are not at all applicable and that the petitioner has the right to fair trial and by dismissing the same the petitioner had denied his right to fair trial which is enshrined in Article 21 of the constitution of India. Therefore it is contended to alow the petition by setting aside the impugned order.