PCS INDUSTRIES LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On a complaint in writing made to the Court by the petitioner PCS Industries Limited alleging commission of offences punishable under Sections 420/406/418/506/120B of the Indian Penal Code, a case being Complaint Case No. C-4350/2004 was registered. While the aforesaid case was pending for trial before the learned Metropolitan Magistrate, 3rd Court, Calcutta, on June 16, 2 2009 the complainant was absent in Court without taking any steps and the learned Magistrate dismissed the complaint under Section 256 of the Code of Criminal Procedure.

(2.) At the time of hearing of the said criminal revision before a Single Bench, it was urged on behalf of the petitioner that dismissal of a criminal appeal on default, without examining the merit of the case is illegal and without jurisdiction and in support of his argument the learned Counsel of the petitioner relied on a decision of a co-ordinate Bench of this Court in the case of Samir Purkait @ Samir Kumar Purkait Vs. The State of West Bengal & Anr.,2009 1 CrLR 829.

(3.) The question of law formulated in the said order of reference for our decisions are as follows;