- (1.) THE revisional application under Section 401/482 of the Code of Criminal procedure is Instituted challenging the order dated 5th May, 2007 passed by learned Chief Judge, City Sessions Court, Kolkata in Criminal Revision Case no. 162 of 2006.
(2.) THE petitioner filed the revisional application before the learned court below, challenging the legality and validity of the order dated 27. 6. 2006 passed by the learned Metropolitan Magistrate, 3rd Court, Kolkata whereby and whereunder the petitioner's prayer to discharge him in connection with. Complaint Case No. C/633/1999 under Section 138/141 Negotiable Instruments act, was rejected.
(3.) CERTIFIED copy of the order passed by the learned Revisional Court in connection with Criminal Revision No. 162 of 2006 will show that before the learned Magistrate, petitioner herein, filed an application praying for an order of discharge on the ground that he resigned from the Company, which is impleaded as accused in connection with the Complaint Case on 4. 10. 1996, long before the cause of action for the complaint case arose and as such the proceeding against him is not legally maintainable in connection with the complaint case. Before the learned Revisional Court, the decision of the supreme Court in K. M. Mathew's Case reported in 1992 Cr LJ 3779 was cited. But the learned Court below on consideration of the latter decision of supreme Court in Adalat Prasad Case reported in 2004 C Cr LR (SC) 1001 rejected the said contention of the petitioner.;