INDSEAM SERVICES LIMITED Vs. BIMAL KUMAR KEJRIWAL HUF

JUDGEMENT

(1.) Leave granted.

(2.) M/s. Indseam Services Limited, an accused in complaint case No. C.1628/96 pending before the Metropolitan Magistrate, 12th Court, Calcutta, has filed this appeal assailing the order dated 10-7-2000 of the Calcutta High Court dismissing the Revision Petition filed by it for quashing the order of the Magistrate taking cognizance of the offence under Section 420, Indian Penal Code, and issuing process to the accused.

(3.) The complaint case was registered on receipt of the complaint filed by the Krishan Kumar Kejriwal, authorized representative of Bimal Kumar Kejriwal, who is the respondent herein, alleging, inter alia, that three cheques drawn by the officers of the appellant-company in favour of the respondent were returned by the bank on instructions received from the drawer not to encash them. The complainant contended that on the facts averred in the complaint petition the accused have committed the offences under Section 138/141 of the Negotiable Instruments Act and Section 420 read with Section 120B of the IPC.