ASHIM KUMAR ROY, J. - (1.) A complaint under Section 138 of the Negotiable Instruments Act was filed against the petitioner by one Iswar Prasad Bhattacharya the opposite party no. 2 herein, who happened to be the payee of three cheques, one for Rs. 30,000/- and other two for Rs. 20,000/- and Rs. 50,000/- on the allegations that the said cheques which were issued by the petitioner herein in discharge of some legally enforceable debts were returned unpaid on the ground "payment stopped by the drawer" and in spite of receipt of the demand notice, the accused made no payment within 15 days from the date of receipt of such notice. The aforesaid complaint being made before the Learned Additional Chief Judicial Magistrate, Salt Lake, Calcutta, the Case No. C/285/2006 was registered and was transferred to the Court of the Learned Judicial Magistrate, Bidhannagar for trial and is still pending there.
(2.) IN the aforesaid trial after the evidence of defence was closed an applica tion under Section 311 of the Code of Criminal Procedure was filed on behalf of the complainant for his re-examination on recall and the Learned Trial Court allowed such prayer. The accused/petitioner challenged the said order in this criminal revision. It appears from the aforesaid application being Annexure P-3 to this criminal revisional application that the cheque in question although was issued in the name of the complainant Iswar Prasad Bhattacharya and he is the payee but the complaint was filed in court by him on behalf of one Shyama Prasad Bhattacharya on the strength of a power of attorney but by mistake such power of attorney could not have been exhibited during the trial and thus to exhibit the said power of attorney the further examination of the complainant is necessary-
(3.) HEARD Mr. Kushal Pal, the learned Counsel, appearing on behalf of the petitioner. Perused the impugned order and other materials on record.;