Syamal Kanti Chakrabarti, J. - (1.) In the present revisional application the judgement and order dated 21.02.2008 passed by Learned Additional District and Sessions Judge, Fast Track Court VI, Malda in Criminal Revisional Case No. 66 of 2005 affirming order dated 30.11.2005 passed by Learned Judicial Magistrate, 2nd Court, Malda in case No. 1164/C of 2004 has been assailed.
(2.) It is contended that the petitioner has filed a case on 14.10.2004 against one Jagabandhu Ghosh being Complaint Case No. 1164/C of 2004 under Section 138 of the Negotiable Instruments Act for dishonour of a cheque being No. 061369 dated 20.08.2004 for Rs. 14,51,000/- issued in discharge of legal liability of the said contractor for supply of various materials of road works with labour and machineries. The attorney of said accused Jagabandhu Ghosh lodged another complaint under Section 156(3) Criminal Procedure Code on 02.02.2005 before the Learned Chief Judicial Magistrate, Malda under Section 468/471/379 Indian Penal Code on the allegation that the dishonoured cheque is one of the ten signed blank cheques bearing Nos. 061366 to 061375 which were lost on 14.06.2003 and reported to English Bazar Police Station being G.D. Entry No. 873 dated 14.06.2003. But the accused persons forged the sam efor illegal purposes of cheating. On the basis of such FIR the English Bazar Police Station started E.B.P.S. Case No. 63/05 dated 04.02.2005. In connection with the investigation of the subsequent case the I.O. made a prayer on 21.11.2005 before the Learned Judicial Magistrate, 2nd Court, Malda informing inter alia that in course of investigation it transpired that the present petitioner/accused Runendu Kumar Roy possessed the stolen aforesaid missing blank cheque with signature of Sri Ghosh by fraudulent means and forged the said cheque putting date and amount and presented the same as genuine through Allhabad Bank, English Bazar Branch to cheat the complainant. Said Runendu Kumar Roy was repeatedly asked by I.O. to produce the cheque in question to verify his handwriting which is necessary for fair investigation of the case but he has declined and in his reply through Advocate dated 11.04.2005 intimated that the said original dishonoured cheque has been filed in the Court of Learned 2nd Judicial Magistrate, Malda in connection with the case No. 1164/C of 2004 under Section 138 of Negotiable Instruments Act. Therefore, the I.O. prayed before Learned Court for order to hand over the cheque in question in original to be seized as alamat and as stolen property to be recovered in course of investigation.
(3.) Upon consideration of such prayer Learned Trial Court by order dated 30.11.2005 allowed the prayer of I.O. and permitted him to seize the cheque in question which was lying in the custody of the court. The said order was challenged in Criminal Revision No. 66/05 which was disposed of on 21.02.2008 by Learned Additional Sessions Judge, Fast Track 6th Court, Malda affirming the order which is now under challenge.;