Lipi Sarkar & Anr vs State Of West Bengal & Anr
2022 Latest Caselaw 7703 Cal

21.11.2022 S/L No.23 KS

C.R.R. 1688 of 2021 Lipi Sarkar & Anr.

-Vs.-

State of West Bengal & Anr.

Mr. Sujoy Sarkar Md. Musharraf Alam Sk.

Mr. Aslam Khan ..... For the Petitioners Mr. Prasun Kumar Dutta Md. Kutubuddin Mr. Santanu Deb Roy .....For the State Mr. S. S. Roy Mr. Amarendra Chakraborty Mr. Arghya Banerjee .....For the O.P. No.2

The present revisional application has been preferred challenging the

continuance of the proceedings arising out of English Bazar Police Station Case

No.412 of 2018 dated 4.5.2018. In this case, on completion of investigation

charge-sheet was submitted before the Jurisdictional Court and the summary

of allegations involved is that the present petitioner who is an accused

pursuant to an understanding/agreement performed his work and even after

performing his work, he did not receive any payment and a cheque was issued

which on being presented with the bank 'dishonoured'. The de facto

complainant initiated a case under Section 138 of the Negotiable Instruments

Act and also the present case. It has been contended that the present petitioner

prior to registration of English Bazar P.S. Case No.412 of 2018 dated 04.05.2018

informed the English Bazar Police Station on or about 19.03.2018 that a cheque

of Rs.30,00,000/- was being unscrupulously used which was stolen and the

number of the cheque is "Cheque No.181779" dated 17.03.2018. The allegation

was against one Bharat Saha who is the opposite party no.2 in the instant case.

Having regard to the peculiarity of the facts that the police authorities

without unearthing the truth submitted charge-sheet in both the cases.

Prudence do not satisfy that in both the cases charge sheet cannot be submitted

and a person is to be held responsible in one of the cases.

In view of the fact that English Bazar Police Station Case no.249/18

dated 19.03.2018 was registered earlier, I direct that all the materials collected

including the charge-sheet submitted in connection with English Bazar Police

Station Case No.412 of 2018 dated 04.05.2018 be placed before the one and the

same Court. Learned Magistrate will frame charges in both the cases and fix

date on the same day one after the other so that the trial of the cases may

proceed parallely. In case in course of the proceeding, it appears to the

Learned Magistrate that one of the case has progressed and the other case has

lagged behind so far as collection of evidence is concerned, in that case,

Learned Magistrate would stop delivery of the judgment in respect of the case

which has proceeded. Complete the evidence/trial of the other case and

deliver judgment of both the cases on one and the same date.

However, as the case relates to documents, learned Magistrate would

exercise his jurisdiction in case prayers are advanced under Section 205 of the

Code of Criminal Procedure.

With the aforesaid observation, C.R.R. 1688 of 2021 is disposed of.

Pending applications, if any, are consequently disposed of.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)