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2023 Supreme(Cal) 786

SHAMPA DUTT PAUL
Sanjoy Kumar Saha @ Sanjoy Saha – Appellant
Versus
French Motor Car Company – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Navanil De, Mr. Rajeshwar Chakraborty.
For the Respondent: Mr. Soumya Banerjee, Mr. Sucheta Banerjee.

JUDGMENT :

Shampa Dutt Paul, J.

1. The present revision is against an order dated January 27, 2020 passed by the Learned Additional Sessions Judge, 18th Court, Alipore, South 24 Parganas, in Criminal Motion No. 30 of 2018, thereby allowing the prayer of the complainant to further examine P.W. 1 under Section 311 of the Code of Criminal Procedure and setting aside the order passed by the Court of the Learned Judicial Magistrate, 10th Court at Alipore, South 24 Parganas in connection with Case No. C-8309 of 2008 under Section 138 of the Negotiable Instruments Act now pending before the Court of the Learned Judicial Magistrate, 10th Court at Alipore, South 24 Parganas.

2. The petitioner/accused’s case is that the opposite party herein through its authorized representation on December 16, 2008 filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act before the Court of the Learned Judicial Magistrate, 10th Court at Alipore.

3. The Learned Magistrate after taking cognizance of the case issued summons upon the petitioner.

4. The petitioner states that on April 30, 2013 plea was recorded and the petitioner pleaded ‘not guilty’ and claimed to be tried.

5. On J

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