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Calcutta High CourtCRR/1746/2022disposed

Swapan Kumar Paria v. State Of West Bengal And ANR

2022-06-07Hon'Ble Justice Tirthankar Ghosh2 pages

07.06. 2022 item No.24 n.b.

ct. no. 34 CRR 1746 of 2022 Swapan Kumar Paria Vs.

The State of West Bengal & Anr.

Mr. Jakir Hossain .....for the Petitioner Learned advocate for the petitioner challenges the continuance of the proceeding being complaint case no.352 of 2009 under Section 138 of the Negotiable Instrument Act pending before the Learned Judicial Magistrate, 2nd Court, at Tamluk, Purba Medinipur.

The grievance of the petitioner relates to the applicability of Section 141 of the Negotiable Instrument Act. According to the learned advocate for the petitioner the cross-examination of prosecution witnesses are over and the case has been fixed for examination of defence witnesses.

At this belated stage, I am of the opinion no interference can be made by this Court as the trial of the case is at the final stage. Petitioner is granted liberty to agitate the points canvassed in this revisional application at the stage of final arguments before the Learned Trial Court. Learned Trial Court will consider the contentions and needless to state that the Trial Court should not be influenced by any observation made by this Court while arriving at the finding.

With the aforesaid observations, CRR 1746 of 2022 is disposed of.

All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)