Calcutta High Court (Appellete Side)
Sailesh Kumar Gupta vs Sunil Kumar Berlia & Anr on 2 August, 2018
Author: Md. Mumtaz Khan
Bench: Md. Mumtaz Khan
1 02.8.201814
Ct-42 ar C.R.R 724 of 2018 Sailesh Kumar Gupta Vs. Sunil Kumar Berlia & Anr.
Mr. P.K. Pandey ... For the Petitioner
Mr. Achin Jana
Mr. Suman Chakraborty ... For the O.P No. 1
This is an application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner/accused person assailing the order dated January 17, 2018 passed by the learned 4th Additional District Judge, Howrah in Criminal Revision No. 12 of 2017.
It is submitted by the learned advocate for the petitioner that the petitioner is residing outside the jurisdiction of the Court and the learned Magistrate without complying with the provision of Section 202 of the Code of Criminal Procedure and without making any enquiry issued of process against the petitioner and the learned Sessions Judge also did not consider the said fact and dismissed the revision.
Mr. Achin Jana, learned advocate, appears this day for the O.P no. 1/complainant. It is submitted by Mr. Jana that the order issuing process was assailed in the revision and the learned 2 Additional Sessions Judge dismissed the revision taking into account the entire circumstances.
He further submits that wHon'ble Division Bench of this Court in the matter of S.S Binu and Ors. Vs. State of West Bengal and Ors. held that in cases falling under Section 138 read with Section 141 of the N.I. Act, the Magistrate is not mandatorily required to comply with the provisions of Section 202(1) before issuing summons to an accused residing outside the territorial jurisdiction of the learned Magistrate concerned.
The order issuing process was assailed before the Sessions Judge by this petitioner in revision being Criminal Revision No. 12 of 2017, which was dismissed on January 17, 2018. This revision is in a around about way against the order of the Magistrate issuing process against the petitioner which was already decided in the revision. Moreover, Hon'ble Division Bench of this Court in the matter of S.S Binu and Ors.(supra) has clearly opined that in cases falling under Section 138 read with 141 of the N.I Act, Magistrate is not mandatorily required to comply with the provision of Section 202(1) Cr.P.C before issuance of process to an accused residing outside the territorial jurisdiction of the Magistrate concerned.
Having considered the entire facts and circumstances and the submissions made by the learned advocates for the parties I find no merit in this revisional application.
Accordingly, CRR 724 of 2018 is dismissed.
3Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Md. Mumtaz Khan,J.)