Babulal Jhawar vs Unknown
2021 Latest Caselaw 3638 Cal

    28
07.07.2021

rrc

CRR 1076 of 2021 In re : An application under Sections 401, 482 of the Code of Criminal Procedure, 1973.

In the matter of : Babulal Jhawar ..... petitioner

Mr. Sukanta Chakraborty Mr. Anindya Halder .....For the petitioner

In this revisional application, the petitioner seeks to challenge

the propriety of a judgment and order dated March 25, 2021 passed

by the learned Chief Judge, City Sessions Court, Calcutta in

Criminal Revision No. 95 of 2020.

The learned Magistrate in the Court below rejected the

application of the petitioner, for sending the relevant cheque for

examination of the signature inscribed in the cheque by a

handwriting expert.

The application was turned down by the learned Magistrate.

The order impugned in this case affirmed the said order of the

learned Magistrate.

Learned advocate for the petitioner submits that the scope of

Section 20 of the Negotiable Instruments Act, 1881 has not been

properly appreciated by the learned Judge in the Court below, and

he relies upon a judgment reported at AIR 2001 Kerala 300 (C. T.

Joseph Vs. I. V. Philip).

In view of the said judgment, there shall be a stay of all

further proceedings of Complaint Case No. C/583/2013 and Order

No. 5 dated March 25, 2021, pending before the learned

Metropolitan Magistrate, 8th Court, Calcutta for a period of six

weeks from date.

The petitioner shall serve a copy of this application upon the

opposite parties indicating that this matter will be taken up for

hearing under the heading "Contested Application" after four weeks

and shall file an affidavit-of-service on the next date.

List this application after four weeks under the heading

"Contested Application".

(Kausik Chanda, J.)