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2007 Supreme(Cal) 497

P.N.SINHA
MAGMA LEASING LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Amit Bhattacharjee, AYAN BHATTACHARJI, DEBASISH ROY, INDRAJIT ADHIKARI, INDRAJIT DAS, PARITOSH SINHA, SANDIPAN GANGULY

( 1 ) THIS revisional application has been preferred by the petitioner assailing the judgment and order dated 22. 2. 2006 passed by the learned Chief Judge, city Sessions Court, Calcutta in Criminal Revision No. 116/05 thereby setting aside the order dated 11. 4. 05 passed by the learned Metropolitan Magistrate, 8th Court, Calcutta in case No. C/282/97. The learned Magistrate by the impugned order dated 11. 4. 2005 allowed the complainant to give evidence on affidavit under section 145 of the Negotiable Instruments Act (in short the NI Act ). The accused raised objection stating that section 145 of the NI Act came into force with effect from 6. 2. 2003 and, this provision cannot be applied in the said case as it was a case of 1997. However, the learned Magistrate rejected the contention of the accused, and being aggrieved, the accused preferred a revision before the Session Court and the learned Chief Judge, City Sessions court, Calcutta in the aforesaid criminal revision set aside the order of the learned Magistrate and directed the complainant to appear in Court and to give evidence in person from witness dock. Being aggrieved by, and dissatisfied with, the order of the learned C

























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