Nemai Chandra Das vs Unknown
2021 Latest Caselaw 4996 Cal

23.09.2021
Ct No. 34
SL. No. 8
Rakib (PA)
                     IN THE HIGH COURT AT CALCUTTA
                    CRIMINAL REVISIONAL JURISDICTION
                             APPELLATE SIDE
                           (Through Video Conference)

                              CRR 3154 of 2012




             In the matter of : Nemai Chandra Das       ......petitioner.



             In Re: An application       under    Article   227   of   the
             Constitution of India.



                   The present revisional application was preferred

             against the judgment and order dated 20.03.2012 passed by

             the learned Sessions Judge, Purulia, in Criminal Revision

             No. 02 of 2012, wherein the order dated 26.09.2011 passed

             by   the   learned   Additional   Chief   Judicial   Magistrate,

             Raghunathpur, Purulia in Complaint Case No.5 of 2010 in a

             proceeding under Section 138 of the Negotiable Instrument

             Act was challenged.


                   The order dated 26.09.2011 passed by the learned

             ACJM, Raghunathpur, Purulia reflect that the accused

             being the present petitioner took a plea that post dated

             cheque cannot be a subject matter of a proceedings under

             Section 138 of the N.I. Act and on the said ground prayed

             for discharging him from bail bond and the proceedings. The
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learned Magistrate on an appreciation of the settled position

of law that a post dated cheque is only a bill of exchange

and becomes a cheque when it is payable on demand,

dismissed the contention of the accused and fixed date on

09.11.2011

for examination of he accused under Section

251 of the Code of Criminal Procedure. The present

petitioner challenged the said order before the learned

Sessions Court in Criminal Revision no. 02 of 2012 and the

learned Sessions Judge by a judgement and order dated

20.03.2012 was pleased to dismiss the said revisional

application and affirmed the order passed by the learned

ACJM, Raghunathpur, Purulia.

I have perused the contention advanced by the

petitioner in the application before the learned Magistrate

and the revisional application, which was considered by the

learned Sessions Judge and on an appreciation of the same,

I am of the opinion that the order of the learned Magistrate

and that of the learned Sessions Judge both adduced to the

provisions of law and the principles of law settled by the

Hon'ble Supreme Court.

As such no interference is called for. Accordingly, CRR

3154 of 2012 is dismissed.

Pending application, if any, consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)