CALCUTTA HIGH COURT
, J
Soumen Sarkar v. Siddhartha Saha
| Table of Content |
|---|
| 1. applicability of s.138 in complaints. (Para 1 , 2 , 3) |
| 2. requirements for taking cognizance. (Para 4 , 5 , 6) |
| 3. arguments on limitation and cognizance. (Para 7 , 8 , 13) |
| 4. judicial considerations on delay. (Para 9 , 10 , 11) |
| 5. provisions under law regarding limitation. (Para 12 , 14 , 16) |
| 6. outcome for the reconsideration of the magistrate's order. (Para 15 , 17 , 18) |
| 7. final ruling on the case. (Para 19 , 20) |
1. This revisional application under S.482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner principally against Jagannath Dubey, opposite party No. 2 praying for quashing of proceedings and impugned order dated 25. 7. 2013 passed by Learned Additional Chief Judicial Magistrate, Raghunathpur, District Purulia, in Complaint Case No. 2 of 2013 under S.138 of the Negotiable Instruments Act .
2. In gist, the facts of the complaint case is that opposite party No. 2 filed a complaint under S.138 of the Negotiable Instrument Act against the petitioner before the court of Learned Additional Chief Judicial, Raghunathpur, Purulia, alleging that the petitioner borrowed a some of money from opposite party No. 2 for his business and in discharge of
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