- (1.) This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 to quash/set aside the impugned order dated 09.07.2014 passed by the Learned Additional Sessions Judge, redesignated Court, Paschim Medinipur in Criminal Revision No.381 of 2013 dismissing the revision preferred by the present petitioner challenging the order dated 04.09.2013 passed by the Learned Judicial Magistrate, 4th Court, Paschim Medinipur, in connection with case No. CR 662 of 2009.
(2.) The CR Case No.662 of 2009 was filed for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act"). The allegation is that the accused /petitioner was granted a loan of Rs.5,50,000/- by the complainant (O.P.No.2) on condition of repayment within the month of May, 2009. The petitioner/accused issued a cheque on 16.06.2009 for Rs.5,50,000/- in favour of the complainant (O.P.No.2). When it was presented for encashment it was dishonoured due to insufficiency of fund. Even after issuance of statutory notice, there was no payment. In such circumstances, the aforesaid case was filed before the Trial Court. Annexure A (Page-15) is the complaint in that case.
(3.) The Learned Chief Judicial Magistrate, Paschim Medinipur, after taking cognizance on perusal of the aforesaid complaint transferred the same to the Court of Learned Judicial Magistrate, 4th Court, Paschim Medinipur for disposal. Thereafter, he proceeded with the case and held the trial after recording plea of the accused under Section 251 Cr.P.C. and after recording deposition of witnesses. During the midway that Learned trying Magistrate was transferred. The Learned succeeding Magistrate proceeded with the trial without ordering for a de novo trial. So being aggrieved the petitioner/accused filed an application before the Learned Magistrate praying for de novo trial in terms of Section 143 of the Act read with Section 326 (3) of the Cr.P.C.;