Calcutta High Court has upheld an order of Magistrate whereby he had rejected an application of accused asking for dropping of the proceedings in a cheque bounce case.
A bench of Justice Ghosh has passed the order in the case titled as In Re : Md. Moiuddin Munshi on 23.07.2019.
High Court noted factual position as "I find from the records of the case that the order dated 13.07.2006 relates to an application filed by the accused / petitioner for dropping the proceedings as the same was related to a case under section 138 of the Negotiable Instrument Act and the statutory requirements along with the jurisdiction at which the case was filed was not inconsonance with the provisions of law. The learned Magistrate rejected the application for dropping the proceeding on the ground that it had no jurisdiction to recall the process which was issued after taking cognizance and examination of the complainant under section 200 of the Code of Criminal Procedure / Section 145 of the N.I. Act".
High Court then observed "With due regard, I find no illegality in the order passed by the learned Magistrate as it has been settled by the Hon’ble Apex Court in the case of Adalat Prasad that the learned Magistrate after issuing process is not empowered to recall the same after the accused appears before the Court and makes such an application".
Read the Order here:
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