YIN CHENG HSIUNG Vs. ESSEM CHEMICAL INDUSTRIES

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 1.8.2008 passed by the Calcutta High Court in C.R.R. No. 1442 of 2008, disposing of the appellant's revision application under Section 401 read with Section 482 of the Code of Criminal Procedure and rejecting his prayer for discharge and for quashing the proceedings in connection with Case No. C-1066 of 2005 pending before the 8th Metropolitan Magistrate, Kolkata, under Sections 138/141 of the Netogiable Instruments Act,1881. The appellant's prayer for discharge having been rejected by learned Metropolitan Magistrate, since summons had been issued, the High Court upheld the said order and did not interfere with the same.

(3.) As far as the prayer made under Section 482 of the Code of Criminal Procedure is concerned, the High Court accepted the submissions made on behalf of learned Advocate appearing for the respondent that the contentions raised by the appellant to the effect that he had no concern with the day to day running of the partnership business and that he was staying abroad during the relevant period, would have to be considered by the trial court at the appropriate stage of the trial.