Arunabha Basu, J. —The revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the judgment and order dated 29.1.2008 passed by learned Chief Judge, City Sessions Court, Calcutta in connection with criminal revision No.111 of 2007, whereby and whereunder the learned Sessions Judge affirmed the order dated 30.3.2007 passed by learned Metropolitan Magistrate, 11th Court Calcutta.

2. A complaint case bearing No. C313 of 1996 under Section 138 of the Negotiable Instruments Act is pending before the Court of learned Metropolitan Magistrate. Petitioner is arrayed as accused in connection with the said case.

3. It appears that initially the opposite party No. 1, which is the company, was represented by one Pawan Kumar Agarwal but an application was filed before the learned Metropolitan Magistrate on 21.11.2006 whereby a prayer for substitution was made. It was stated that one Vinay Kumar Gupta may be permitted to substitute the said Pawan Kumar Agarwal.

4. Learned Metropolitan Magistrate initially passed certain directions but ultimately by order dated 30.3.2007 permitted the said Vinay Kumar Gupta to represent the compl