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2022 Supreme(Online)(Cal) 20

CALCUTTA HIGH COURT
, J
Soumen Sarkar v. Siddhartha Saha


Advocates:
For the Appellants/Petitioners: Unknown
For the Respondents: Unknown

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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