NIBARAN CHANDRA MUKHERJEE Vs. SITAL CHANDRA BAG

JUDGEMENT

(1.) The opposite party in this case charged the petitioner with an offence under Section 406, Indian Penal Code. The matter was inquired into by the Magistrate and he dismissed the case under Section 203, Criminal Procedure Code, on the ground that it was a case between partners and should be decided by the Civil Court.

(2.) The complainant thereupon moved the Sessions Judge, who directed a further inquiry into the matter. Accordingly a further inquiry was held by the Magistrate and he again, after taking some evidence, dismissed the complaint under Section 203, Criminal Procedure Code. The complainant there, upon again moved the Sessions Judge and the latter held that the Magistrate could not dismiss the complaint under Section 203 and that he was bound to issue process against the accused.

(3.) This Rule was obtained by the petitioner against that order.