Siddhartha Chattopadhyay, J.

This criminal revisional application emanates from the order dated 12.02.2013 passed by the Learned Judicial Magistrate, 5th Court, at Sealdah, by which he had issued summons under Section 420, 120 B and 34 of the Indian Penal Code in connection with “C” case No. 206 of 2012.

2. In the revisional application the petitioner has ventilated his grievances by saying that a similar case with same allegation was lodged against him on 11.01.2008 by the opposite party before the Learned Additional Chief Judicial Magistrate, Sealdah which was numbered as “C” case No. 69 of 2008. After issuance of that summon, the present petitioners made their appearance before the said Court on 20.02.2008 and thereafter the said Court dismissed the complaint under Section 203 of Criminal Procedure Code after imposing a cost of Rs. 500/- upon the complainant (herein opposite party). That Learned Court held that the complainant (present opposite party) attempted to abuse the process of law. Thereafter, the present opposite party challenged the said order of Learned Additional Chief Judicial Magistrate by filing a revisional application and the Learned Additional District