- (1.) Since in both the criminal revisions, viz., C.R.R. No. 419 of 2008 and C.R.R. No. 1285 of 2008, the subject matter of challenge is same and a common question of law involved for decision, those are taken up for hearing together.
(2.) The petitioner in C.R.R. No. 419 of 2008 and the petitioner in C.R.R. No. 1285 of 2008 were facing their trial before the Learned Metropolitan Magistrate, 14th Court, Calcutta in connection with Case No. 4098 of 2003 relating to the offence punishable under Sections 138/141 of the Negotiable Instruments Act. Both the petitioners during the trial were enjoying exemption under Section 205 of the Code of Criminal Procedure. However, when the trial reached the stage of their examination under Section 313 of the Code of Criminal Procedure, applications were moved on their behalf for supplying the questionnaire to their respective advocates containing the question which the Court proposes to put to them in their examination under Section 313 of the Code. However, the Learned Trial Court rejected such prayers. Hence this criminal revision.
(3.) It appears that it was the case of the petitioners that they were not only enjoying exemption under Section 205 of the Code relating to a summons case, while the petitioner in C.R.R. No. 419 of 2008 is a renowned cardiologist aged about 74 years and suffering from various ailments and medically advised for complete bed rest, the petitioner in C.R.R. No. 1285 of 2008 is also an elderly person aged about 83 years and also suffering from various old aged ailments and advised bed rest, who had also lost his wife recently.;