Rupa Wala Poral v. Umad Lal Kamat & ANR

12.07.2022 Item no.9.

Court No.6.

AB CRR No. 1475 of 2013 In the matter of : Smt. Rupa Wala Poral ......Petitioner.

None appears either on behalf of the petitioner or the opposite parties today. It appears from record that on previous several occasions also, neither of the parties were present in Court.

Considering the above, record is taken up for delivering order.

The petitioner has preferred the instant revisional application with the prayer to quash the criminal proceeding arising out of complaint case no.C-28/11 of 2011 under Sections 420/406 of the IPC, pending in the Court of Metropolitan Magistrate, 14th Court at Kolkata. The petitioner is aggrieved of the Trial Court's taking cognizance of the complaint by one Umad Lal Kamat alleging fraud on the part of the petitioner in not paying the amount of money, which was due to him.

The petitioner has made out the grounds that she was in business transaction with the complainant and even if there is any defalcation in payment of money, there would not be any element of criminal action on her part.

I have perused the materials available on record including the documents submitted. However, the grounds pleaded are not found to be sufficient or convincing enough to warrant interference by this Court in the proceedings. Hence, finding no merit I am inclined to dismiss the present revisional application.

Interim order, if any, stands vacated.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Rai Chattopadhyay, J.)