2022 (4) TMI 125

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....sent revisional application has been preferred challenging the proceedings arising out of Complaint Case No. 1154C/2018 under Sections 420/406/34 of the Indian Penal Code pending before the learned Judicial Magistrate, 3rd court, Malda. One Sujit Kumar Poddar filed a complaint under Section 200 of the Code of Criminal Procedure, inter alia, contending as follows:- The complainant is the prop....

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....in the godown of the complainant. Subsequently, the complainant requested the accused persons to settle the matter as early as possible, but they refused to do the same and in the meantime, a notice was issued at the instance of the accused persons and thereafter a case being CNS 369 of 2017 was filed before the learned Metropolitan Magistrate, 18th Court, Calcutta under Section 138 of the Negotia....

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....records of Complaint Case No. CNS 369 of 2017, which was filed before the learned Chief Metropolitan Magistrate, Calcutta and was subsequently transferred to the learned Metropolitan Magistrate, 18th court, Calcutta and the learned Metropolitan Magistrate, 18th court, Calcutta after compliance with the necessary provisions of law was pleased to issue process against the complainant/opposite party ....

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....se for trial warranting that the complainant's evidence must be placed before the court and appreciated instead of being scuttled at the very inception. In view of the settled proposition of law, as has been pronounced by the Hon'ble Supreme Court in case of Sunil Kumar -Vs- Escorts Yamaha Motors Ltd. and Others reported in 1999 Supreme Court Cases(Cri) 1466, the relevant portion of which is as....