JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against an order dated January 28, 2020 and the examination in chief as recorded by the Learned 9th Metropolitan Magistrate, Calcutta in G.R. No. 212 of 2015.

2. The petitioner’s case is that the instant application is filed challenging the order of the Learned Trial Court allowing admission of secondary evidence despite the availability of the primary evidence in the criminal proceeding.

3. On December 26, 2013, a memorandum of understanding was executed by and between the petitioner and the opposite party no. 2 for the release of a movie “The Light – Swami Vivekananda” (herein referred as “the said movie”).

4. In the arrangement as entered into by and between the petitioner and the opposite party no. 2 under the said agreement, the petitioner provided the service of assistance in release of the movie in a particular territory while the opposite party no. 2 was the producer of the said movie.

5. The petitioner took due steps for the discharge of his duties under the said agreement and appointed one Nikita Singh as manager for the release of the said movie. The plan for release was however shifted to a later dat