Calcutta High Court (Appellete Side)
M/S. Ranbaxy Laboratories Limited vs Unknown on 8 November, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 Court No. C.R.R. 2397 of 2006 34 Sl 34 Ssi 8.11.19
In the matter of :- M/s. Ranbaxy Laboratories Limited Mr. Sandip Kr. Bhattacharyya Ms. Debanwita Pramanik ...for the petitioner Affidavit of service filed be kept with the record. In spite of service, none appears on behalf of the opposite parties.
A supplementary affidavit has also been filed by the petitioner from where it reflects that the complaint petition was dismissed prior to issuance of process.
In view of the complaint petition being dismissed for no fault of the complainant but for his lawyer. I think a further opportunity must be accorded to the complainant to present his case on merits.
Accordingly, the order dated 20.4.2006 is hereby set aside. The complainant petitioner is directed to submit his affidavit under Section 141 of the Negotiable Instruments Act along with the other evidence within one month from date and produce all the documents relating to the complaint case which should enable the learned Court to come to the finding whether the process should be issued against the accused persons.
The learned Metropolitan Magistrate is directed to exercise his jurisdiction and not to rely upon any opinion expressed in the revisional application at the stage of consideration of issuing process.
With the aforesaid observations, CRR 2397 of 2006 is allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Tirthankar Ghosh, J.) 2