N.K.Bhattacharyya, J. - (1.)By this revision under Section 401 read with Section 482 of the Cr. P.C., one of the accused persons has challenged the orders dated 20.5.94 and 28.6.94 passed in C.R. Case No. 203/94 by the Ld. Chief Judicial Magistrate, Jalpaiguri.
(2.)By order dated 20.5.94, the Ld. Magistrate, inter alia, directed issuance of notice upon the accused Dipak Sikdar, Secretary of the association, who is the present revisionist, to produce the documents as stated in the petition within seven days from the date of receipt of the summons. From the order dated 28.6.94 it appears that the accused persons made an application for recalling the notice as was directed to serve by order dated 20.5.84 upon the revisionist u/s. 91 of the Cr. P. C. and by the said order, the Ld. Magistrate rejected the petition and directed for production of the documents by accused No. 2, meaning the present revisionist and also for appearance of all the accused persons. Those two orders are the subject matters in this revision.
(3.)The fact leading to this revision is that the present revisionist was the Secretary of Jalpaiguri-Duars Mini-bus Association. One Ajit Kr. Roy, on 19th May, 1994 made a petition of complaint before the Ld. C. J. M. Jalpaiguri, against the accused persons including the present revisionist who figured as accused No. 2 in the petition of complaint, alleging offence u/s. 403/409/406 of the I.P.C. In the petition of complaint it has been alleged that on 31st March, 1994, the said accused No.2, the petitioner herein, submitted an audited report without any signature of the treasurer and the report shows expenditure of huge amount which are fictitious expenses such as honorarium, loan, subscription, telephone bill furniture etc. from the period 1.1.93 to 31.12.1993. On that petition of complaint the Ld. C.J.M. took cognizance, directed issuance of summons against the accused persons u/s. 405/403/409 of the I.P.C. On 19th may, 1994, the said Ajit Kr. Roy made another prayer by filing another application u/s. 91 of the Cr. P.C. for direction for production of the documents of the said Association. Accordingly, notice was issued upon accused No.2, directing production of documents within 7 days from the date of receipt of the summons. This Court has been informed by the Ld. Advocate for the O.P. No. 2, Ajit Kr. Roy, that the documents directed to be produced are Ledger, Cash-book, Audit report, memorandum of association etc. which are the documents of the association. As has been pointed out that by order dated 26.5.1994, the Ld. C.J.M. made that direction for production of the said documents by accused No.2 by issuing notice u/s. 91 of the Cr.P.C. On 28th June, 1994, the accused persons including the present revisionist, by filling an application prayed for recalling the notice issued u/s. 91 of the Cr. P.C. on the ground that by that notice and direction, the present revisionist, the accused No. 2 shall be compelled to be witness against him as contemplated under Article 20(3) of the Constitution of India.
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