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2019 Supreme(Cal) 456

SUVRA GHOSH
Sham Ganpat Chougule – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
Ayan Bhattacharya, Karan Dudhwewala, Vikram Wadehra, Soumava Ghosh, Amar Kumar Dudhwewala, Rudradipto Nandi, Somopriyo Chowdhury, Ajay Agarwal, Baisali Basu, Advocates.

JUDGMENT :

1. In the three revisional applications, the judgments delivered by the Additional District and Sessions Judge, Fast Track Second Court, Bichar Bhavan, Calcutta, in revisional applications pertaining to complaints against the accused/petitioners u/s 138/141 of the Negotiable Instruments Act 1881 are under challenge.

2. The opposite parties lodged complaints against the accused company Indage Vinters Limited and the petitioners who are the former Chairman, former Managing Director, former V.P Finance and former Chief Financial Officer of the company respectively. The cases are pending before the court of the Learned Chief Metropolitan Magistrate, Calcutta for examination of the petitioners u/s 313 of the Code. The petitioners moved applications u/s 311 of the Code before the Trial Court for recalling the sole witness for cross examining him further on the ground that there was a change of learned advocate in the mean time and the newly appointed learned advocate intended to further cross-examine the witness on some vital issues. Attention of the Court was also drawn to the order of the Bombay High Court in company petition no. 960/2009 whereby the accused company was ordere

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