Gopal Ghosh v. Pradip Dutta & ANR

27.07.2021 Item no.15 Ct. No.34 CHC C.R.R. No.322 of 2012 IA NO: CRAN/1/2012 (Old No: CRAN/1263/2012) (not in file) (Via Video Conference) In Re: An application under Sections 401 and 482 of the Code of Criminal Procedure.

AND In the matter of:- Gopal Ghosh ... petitioner The present revisional application has been preferred against the order dated 02.12.2011, passed by the learned Chief Judicial Magistrate, Serampore, in connection with C.R. Case No.650 of 2009, under Section 138 of the Negotiable Instruments Act. The order dated 02.12.2011 so passed by the learned Magistrate reflects that immediately after document was marked as Ext.11, the present petitioner disputed his signature on the said document being accounts book which was maintained by the complainant. Learned court after appreciating the contention dismissed the application filed at the instance of the petitioner. Having regard to the fact that the reasons so assigned by the learned Magistrate, particularly, that there was no relevancy regarding the signature so far as the merit of the case is concerned, I am of the view that the learned Magistrate was perfectly correct in arriving at its conclusion, as such no interference is called for.

Accordingly, C.R.R.322 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

Learned Magistrate is directed to conclude the trial if the same till date has not been concluded.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)