In the Court of the learned Addl. Chief Judicial Magistrate at
Bidhannagar
Complaint Case No. Of 2015
In the matter
of:
An application
for receive the original
P.S. Lake Town complaint u/s 138 N.I.Act, along with
Court fees, documents and copy of order
dated 02.02.2015 passed by the Ld.8th J.M.
Alipore.
AND
In the matter of:
Sri Biswanath Bose
S/o late Bimal Bose
Prop.M/S.Rekha
Electric
Regd.office:
68,Kalitala Main Road
P.O.Laskarpur,P.S.
Sonarpur
Kolkata- 700153
District- South
24 Parganas
…………. Complainant
-
Versus
–
1. Sri Kalyan Banerjee
S/o late Animesh Banerjee
Director of company:
M/S.Mayfair Vincom Pvt.Ltd.
Regd.office: 127, Bangur
Avenue
Block-A, P.O. Laketown
P.S. Laketown
Kolkata- 700055
…………….Accused
The humble petition of the above named
Petitioner/ complainant Sri Biswanath Bose
Most
respectfully Sheweth :
1. That your petitioner filed one
complain case under section 138 N.I.Act before the Ld. 8th J.M.Court
at Alipore, against the above name accused.
2. That after complete the essay the
case was fixed on 02.02.2015 for appearance and plea.
3. That after perused the petition of
complaint the Ld. Court reveals that the cheque was issued on Bank of India,
Bangur Avenue Branch, which is not within the jurisdiction of 8TH
J.M.Court, Alipore, having regard to the decision of Hon’ble Apex Court in
Dashrath Roop Singh Rathor –Vs- State of Maharastra & Another in Crl.
Appeal no. 2287 of 2009.
4. That the Ld. 8th J.M.Court
at Alipore, return the petition of complaint along with court fees and
documents for presenting the same before your Honours Court because as per the
P.S. Laketown this court has been proper jurisdriction.
5. That the application is made bona fide
and for the interest of justice.
It is therefore prayed that your Honour would
graciously be pleased to receive the original
complaint along with court fees and
documents
with a copy of order dated
02.02.2015 and allow to
proceed the case before your
Honours Court or to pass
such other order or orders as your Honour may
deem fit and proper for the ends of justice.
And for this
act of kindness your petitioner as in duty bound and shall ever pray.
Verification
I, Sri
Biswanath Bose, within named complaint, do hereby solemnly affirm and declare
that the above made statements are true to the best of my knowledge and belief
and I am verifying this instant application as on 3rd February,
2015, at the advocate chamber.
AFFIDAVIT
I, Sri Jiban
Chakraborty, son of Naryan Chakraborty, aged about 58 years, by faith Hindu, by
occupation Retired person, residing at Rabindra Nagar,Laskarpur, P.O.
Laskarpur, P.S. Sonarpur, Kolkata-700153, District South 24 Parganas, do hereby
solemnly affirm and say as follows :
1. That I am competent to swear this
affidavit.
2. That I am placing this application
under Section 200 Cr.P.C. before the Learned Court, for first time, and no
other application has ever been placed and or filed before the Learned Court,
on in any other Court, on the self same set of facts.
3. That the cause of action for the
present proceedings under section 200 Cr.P.C. for the offences committed to be
punishable under section 148,149,324,307 and 506 of Indian Penal Code’ 1860 as
amended up- to- date, has been arisen within the jurisdiction of the Learned
Court, which falls in the territory of the Sonarpur Police station.
4. That above made statements are true
to my knowledge and belief.
Prepared in my chamber
Advocate
Date :
-----------------------
Deponent
Identified by me
Advocate
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