Arun Kumar Bhattacharya, J. - (1.) The hearing stems from an application under section 401 read with section 482 Cr. PC filed by the petitioner praying for revision of the order being No. 61 dated 14.02.2001 passed by the ld. Sub-Divisional Judicial Magistrate, Dinhata, Cooch Behar in G. R. Case No. 216 of 1997 arising out of Dinhata P. S. Case No. 200 of 1997 dated 19.07.97 under section 406 IPC.
(2.) A complaint was lodged under section 406 IPC against the petitioner by one Arun Kumar Rathi inter alia alleging that his elder brother Surendra Kumar Rathi made over a sum of Rs. 2,91,000/- in cash to their employee-the present petitioner with instruction to deposit the same in three accounts of the State Bank of India, Dinhata Branch, but on 17.07.97 on enquiry they came to learn that only Rs. 91,000/- was deposited by the said employee instead of Rs. 2,91,000/- and thus he misappropriated a sum of Rs. 2,00,000/.-. On the basis of the said complaint/ Dinhata P.S. Case No. 200 of 1997 dated 19.07.97 under section 406 IPC was started against the petitioner who was arrested and produced before the Court of ld. Sub-Divisional Judicial Magistrate, Dinhata on 22.07.97. The police after investigation submitted chargesheet bearing No. 172 of 2000 dated 31.07.2000 under section 406 IPC against the petitioner, and the ld. Sub-divisional Judicial Magistrate took cognizance on 01.08.2000. The petitioner filed petition on 29.09.2000 praying for his discharge from the case as chargesheet was not filed within the period of limitation of three years which was rejected by the impugned order whereby the ld. Magistrate applying the provisions of section 473 condoned the delay.
(3.) Being aggrieved by the said order, the petitioner has preferred the above revision.;