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2023 Supreme(Cal) 92

RAI CHATTOPADHYAY
Binit Kumar Jain – Appellant
Versus
Asok Kumar Saha – Respondent


Advocates appeared:
Suman De, Advocate, Abhinaba Mukherjee, Advocate, Narayan Prasad Agarwala, Advocate, Pratick Bose, Advocate

JUDGMENT

Rai Chattopadhyay, J. - The very short point involved in this revision is the consideration as to what period would constitute the period of 'three months' in accordance with Section 106 of the Factories Act, 1948.

2. Petitioner has challenged the order and judgment of the Trial Court dated 12.11.2014 passed by Additional District and Sessions Judge at Haldia, Purba Medinipur in Criminal Revision Case No. 7/14. By dint of the same the Trial Court has affirmed the order of the Magistrate dated 05.05.2014 passed in C.R. Case No. 539 of 2012. Petitioner prayed before the Trial Court for his discharge, which was rejected by the said two courts by dint of the respective orders as mentioned above. As such petitioner was aggrieved and came up before this Court to espouse its jurisdiction under Section 482, Cr.P.C, 1973.

3. The petitioner's case in a nutshell would be stated as below:-

The petitioner is the owner of the factory and business namely 'Rohit Ferro-Tech Limited'. Against the petitioner, a complaint was lodged in the Court of the Magistrate at Haldia on 10.12.2012 contending inter alia that the petitioner has contravened provisions of Rule 63 K (1) (c) of the West Bengal Fa

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