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2010 Supreme(Cal) 438

ASHIM KUMAR ROY
Swapan Mondal Alias Swapan Kr. Mondal – Appellant
Versus
Godrej Agrovet Ltd. – Respondent


Advocates Appeared:
Ayan Bhattacharji, Abhijit Dey

JUDGMENT:

1. THE case relating to an offence punishable under Section 138 of the Negotiable Instruments Act, was instituted at the behest of Godrej Agrovet Ltd., a company incorporated under the Companys Act, 1956 through one of its officer being its legal representative and constituted attorney. Subsequently, the said constituted attorney and the legal representative of the company was substituted by another officer. After such substitution the Learned Trial Court directed the accused, the petitioner herein to cross-examine the said substituted representative of the company. THE accused/petitioner being aggrieved by such order has brought this criminal revision before this Court.

2. IT is an admitted position that initially the complaint was filed by the company, the opposite party no. 2 herein through its constituted attorney Subhas Chandra Bera. The said Subhas Chandra Bera after his examination-inchief was cross-examined partly. Thereafter, as the said constituted attorney of the complainants company has been transferred to elsewhere on its prayer he was substituted by one Bimalendu Panda. Although no evidence of the said Bimalendu Panda was recorded, but the Learned Trial Court



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