KANCHAN CHAKRABORTY,J. - (1.) The challenge in this application is to the order dated 16.12.2011 passed by the learned Judicial Magistrate, 3rd Court at Sealdah in Case No. C-28 of 2010 under Section 138 of the Negotiable Instruments Act, 1881.
(2.) The prosecution in question is in trial stage. On 14.09.2011, the learned Magistrate passed an order fixing 16.12.2011 for recording evidence as last chance. On that date, neither the complainant nor the accused was present. On 16.12.2011, the complainant was present but the accused remained absent without any steps. Accordingly, warrant of arrest was issued against the petitioner/accused.
(3.) Apparently, there is nothing wrong in the order. It is not suffering from any irregularity or impropriety.;