Pradip Kumar Biswas, J.: This is an application under section 401 of the Code of Criminal Procedure filed at the instance of Tarak Nath Biswas, the petitioner herein, seeking to set aside the judgment and order dated 20.11.2000 passed by the learned Judicial Magistrate, 2nd Court, Barasat in connection with Misc. Case No. 265 of 1996 (T. 226 of 1996).

2. The short facts leading to the filing of the present revisional application are as under:-

"The marriage in between the petitioner and the opposite party No. 2/wife was solemnized on 17.5.89 according to Hindu Rites and Ceremonies, but the marital harmony do not last long inasmuch as on account of wilful refusal of the wife, the marriage was not consummated.

3. The situation became so worse that the petitioner was constrained to file a Matrimonial Suit under section 13(1) (1a) of the Hindu Marriage Act giving rise to Matrimonial Suit No. 5/92 before the learned District Judge, 24 Parganas North and in that Matrimonial Suit opposite party/wife appeared and filed a written statement.

4. The said suit finally came up before the learned Additional District Judge, 3rd Court, Barasat and the learned Judge after taking the evidences a