Md Rashid v. Sultana Begum & ORS

22.2.2023 SB Ct. No.236 CRR 4210 of 2012 In the matter of : Md. Rashid Mr. N. P. Agarwala Mr. Pratick Bose ... for the State None is appearing on behalf of the petitioner. The matter is pending for more than ten years. Instead of adjourning the matter suo moto, considering the age of the proceeding, I am inclined to dispose of the matter on merit based on materials available with the record.

This petition under consideration challenges the order dated 12.9.2012 passed by the learned Judicial Magistrate, 1st Court, Sealdah in Complaint Case No. C.850 of 2011 correspondening to T.R. No. 541 of 2011 by which learned Trial Court was pleased to dismiss the petition of complaint against the opposite parties that he was made to sign a document, purportedly acknowledging his debt to the tune of Rs.2,30,000/- which he borrowed from the accused no. 1 Sultana Begum. After taking cognizance the learned Additional Chief Judicial Magistrate, Sealdah transferred the case to the 1st Court of Judicial Magistrate at Sealdah for disposal. Learned Trial Court forwarded the petition of complaint to the jurisdictional police station for holding an inquiry under Section 202 of Cr.P.C. Pursuant to such direction, Sk. Aftab Ahmed, S.I. Entally P.S. submitted a report which reveals that the petitioner took a sum of Rs.2,30,000/- from the accused no. 1 in instalment over a

period of time in order to purchase a piece of land from a lady at Lakshikantapur but the lady was neither given land nor she received the money.

Having considered such report, the learned Trial Court was pleased to invoke the provision of Section 203 of Cr.P.C. The impugned order in my view does not warrant any interference.

The criminal revision, therefore, merits no consideration and is dismissed without any order as to costs. The interim order, if any, stands vacated.

Let a copy of the order be sent to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)