Anjana Juthani v. State Of West Bengal & ANR

Sr.44 20-09-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 3054 of 2012 In the matter of : Anjana Juthani ....petitioner. In Re : An application under Section 482 of the Code of Criminal Procedure.

The revisional application was preferred challenging the proceedings being Case No.C-7087 of 2003 under Section 138 of the Negotiable Instruments Act pending before the learned Metropolitan Magistrate, 5th Court, Calcutta and all orders passed therein.

The revisional application appeared on 26th September, 2012 and there has been no interim order restraining the proceeding before the learned court below. When the matter has been taken up before this court today, none apprised this court regarding the present stage of the proceedings. Further, record of the revisional application reveal that the petitioner was aggrieved by the order of refusal of dropping of the proceedings being passed by the learnd Metropolitan Magistrate.

Having regard to the settled position of law in the case of Adalat Prasad Vs. Rooplal Jindal & Ors. reported in (2004) 7 SCC 338, I am of the considered opinion that no illegality is committed by the learned Magistrate. Accordingly, the present revisional application being CRR 3054 of 2012 is dismissed.

All pending applications, if any, in connection with revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

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