Taimur Ali Gayen v. State Of West Bengal

C.R.R. No.927 of 2013 D/L45 May 13, Bpg.

In Re: An application under Sections 397/401 read with 482 of Code of Criminal Procedure;

Mr. Taimur Ali Gayen

Versus

Smt Ava Halder The present revisional application was preferred challenging the proceedings being CR Case No.285/2012 pending before the learned Judicial Magistrate, 6th Court, Paschim Midnapore under Section 138 of the Negotiable Instruments Act. The subject matter of challenge relates to issuance of process so far as the present petitioner is concerned. The allegations made in the petition of complaint reflects that the petitioner happens to be Chairman-cum-Managing Director of ATM Agro Projects India Ltd.

I have considered the allegations made in the petition of complaint and I find that the learned Magistrate after applying his judicial mind and complicity of the present petitioner and on being satisfied with the statutory requirements was pleased to issue process. The issues raised in the revisional application relate to question of facts which can be addressed only in course of the trial. Accordingly, CRR 927 of 2013 is dismissed.

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

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