(1.) Heard Mr. R.K. Jain, learned counsel for the petitioner; Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No. 1; and Mr. A.T. Sarkar, learned counsel for the respondent No. 2.
(2.) In this petition, under Sec. 482 of the Cr.P.C., the petitioner, namely, Shri Shiv Kumar Agarwal has put to challenge the correctness or otherwise of the order, dtd. 22/2/2023, passed by the learned Addl. Chief Judicial Magistrate, South Salmara Mankachar in C.R. Case No. 06/2023. It is to be noted here that vide impugned order dtd. 22/2/2023, the learned Addl. Chief Judicial Magistrate, South Salmara Mankachar, took cognizance of the offences under Ss. 448/420/406/506 of the IPC, against the present petitioner and issued process to him to appear before the court and to stand trial.
(3.) The background facts leading to filing of the present petition are adumbrated as under:-