M/S. Orient Copper Industries vs Sonder Technologies Pvt. Ltd. & ...
2021 Latest Caselaw 6576 Cal

22.12.2021 Item No.02 suman Ct.42 (Via Video Conference)

CRA 228 of 2017

M/s. Orient Copper Industries Vs.

Sonder Technologies Pvt. Ltd. & Ors.

It is found from the report of Record Examiner that in

the record of Case No.C743 of 2002, the exhibited

documents, depositions of witnesses and examination of

the accused under Section 313 of the Code of Criminal

Procedure are missing. The record was sent to the

learned Metropolitan Magistrate, 14th Court, Calcutta

through the Chief Judge, City Sessions Court, Calcutta

from this end for rectification of the record. But again the

record with the same defects is forwarded to this Court.

The learned Metropolitan Magistrate, 14th Court at

Calcutta is specifically directed to incorporate depositions

of witnesses, examination of the accused under Section

313 of the Code of Criminal Procedure and all the

exhibited documents in the record of C743 of 2002.

It also appears from the record that an appeal was

preferred against the judgment and order of conviction

passed by the learned Metropolitan Magistrate, 14th Court,

Calcutta in the aforesaid case and the said appeal was

heard by the learned Additional Sessions Judge, Bench-II,

City Sessions Court, Bichar Bhawan, Calcutta in Criminal

Appeal No.68 of 2010. It may so happen that the above

mentioned missing documents are kept in the record of

Criminal Appeal No.68 of 2010. Therefore, the learned

Additional Sessions Judge, Bench-II, City Sessions Court,

is also directed to examine the record of Criminal Appeal

No.68 of 2010 to find out the missing documents.

Let a copy of this order be sent to the learned

Metropolitan Magistrate, 14th Court, Calcutta and the

learned Additional Sessions Judge, Bench-II, City Sessions

Court, Calcutta for compliance of the order by transmitting

the above mentioned missing documents in this Court

within four weeks after the vacation.

If the order is not complied with, the concerned Judicial

Officers shall be held responsible for loss of the records.

(Bibek Chaudhuri, J.)