Ravkant A Banga v. Chandan Kr, Ar Of Comp, Wb & ANR

10.05.2022

IN THE HIGH COURT AT CALCUTTA

Item No.66 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2922 of 2013 Ravikant A. Banga versus Sri Chandan Kumar & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

This revisional application was preferred challenging Case No. C/105 of 2013 pending before learned Metropolitan Magistrate, 10th Court, Calcutta under Section 233 of the Companies Act, 1956.

The petitioner approached this Court immediately on process being issued and no opportunity was granted to the Registrar of Companies to adduce any evidence before the learned trial court. In view of the nascent stage at which the petitioner approached this Court, I am of the opinion that primary materials are required to be placed by the complainant/prosecution for presenting their case and the truth or falsity of the issues raised by the present petitioner cannot be adjudicated at this stage. Further, some of the documents, which have been relied upon, are only photostat copies. The authenticity and genuineness of which are to be considered by the learned trial court at the relevant stage of the proceedings. Thus, no interference is called for. Accordingly, the revisional application being CRR 2922 of 2013 is dismissed.

Interim order, if any, is hereby vacated.

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.)