- (1.) These two revisional applications are directed against the order dated December 10, 1969, passed by the Sessions Judge, Midnapore, setting aside the order passed by Sri A. K Sen, Sub-divisional Magistrate, Sadar South Midnapore, dismissing the complaint against the Petitioner under Section 203, Code of Criminal Procedure, and directing the District Magistrate to make such further enquiry into the complaint by himself or by any of the Magistrates subordinate to him other than Sri A. K. Sen who dismissed the complaint.
(2.) The facts of the case in brief are as follows: Opposite party No. 2, one Umesh Chandra Sen, filed a complaint before the Sub-divisional Magistrate, Midnapore, on June 4, 1969, alleging that he took loan of Rs. 8,000 from the Petitioner G.S. Shukla on condition to repay at Rs. 9,000 within a month and that as security for the loan he made over a truck and a jeep. The loan was repaid but the vehicles were not returned and that four blank papers bearing his signature handed over bona fide by him to the Petitioner had been dishonesty converted into sale documents. The allegation was that the Petitioner committed offences punishable under Sections 420, 406 and 407, Indian Penal Code.
(3.) The complainant opposite party was examined under Section 200, Code of Criminal Procedure, by the Sub-divisional Magistrate and the learned Magistrate directed the Officer-in-charge of Kharagpur Police Station to enquire and report under Section 202 of the Code of Criminal Procedure.;