CRIMINAL REVISIONAL JURISDICTION v. THE STATE OF WEST BENGAL & Anr.
Case Details
Acts & Sections
Cited in this judgment
of 2008.The Learned Additional Session Judge 4th Court affirmed the order of conviction passed by the Judicial Magistrate, 3rd Court by an order dated September 4, 2007. Being aggrieved thereby this revisional application has been filed.
3. The Learned Advocate appearing on behalf of the petitioner submitted that in the complaint the firm was not made a party nor the firm was notified under Section 138-B of the Negotiable Instrument Act. The petitioner while deposing as P.W.1 mentioned about two companies namely “Bescon and Pure Coke” who got the contract for construction of the petrol Pump but the accused belong to neither “Bescon and Pure Coke” . It is the contention of the learned advocate that the complaint was not maintainable on account of such deficiency and in this regard the Learned Advocate relied upon the following decisions ; MonabenKetanbhai Shah & Anr. Vs. State of Gujrat & Anr.1 para 3,6,7,8,Maksud Saiyad vs State of Gujrat & Ors. 2Para 13, Sushil Shetty & Anr. Vs State of Arunachal Pradesh & Ors. 3, para 7.5 and
8.2.’
4. It was further argued that the proceeding under Section 138 Negotiable Instrument Act ought to have been tried summarily by the First Class Judicial Magistrate or by a Metropolitan Magistrate after following the provision as enumerated under Section 262 to 265 of Cr.Pc. The Learned Advocate in this regard relied upon the decisions in RE; Suo motu writ petition (CRL) no 2 of 2020 decided on April 16, 2021 expeditious trial of cases under Section 138 of NI Act. where in para 24.1 it was observed.
24.1 That the Magistrate before converting a complaint case from summary trial to summons case, the Magistrate has to record the reasons otherwise the purpose for which Section 143 of the act introduced could be defeated.
5. Accordingly it is submitted that on account of the deficiencies as discussed above and for non-compliance of the statutory provision the impugned judgment should be quashed and prayed for dismissal of the revisional application.