GOPA DEVI OZHA Vs. SUJIT PAUL

JUDGEMENT

(1.) By this revision the accused petitioner has challenged the order dated. 26.7.94 passed in complaint case No. C/314/94 by the learned Chief Metropolitan Magistrate, Calcutta under S.138 of the Negotiable Instruments Act, 1881 whereby the learned Magistrate took cognizance of the offence and directed issuance of process against accused No. 1, the petitioner herein.

(2.) A short conspectus of the case is that the petitioner and her husband Ghanashayamalal Oza held 620 shares of M/s. Nazareth Engineering Company Pvt. Ltd. and they agreed to transfer 50% of such shares of the said company to the opposite party herein and her wife Smt. Suli Paul. The consideration was fixed at Rs. 6,50,000/- for transfer of such shares and the opposite parties paid Rs. 5,00,000/- in cash and the balance Rs. 1,50,000/- by bank draft.

(3.) The petitioner herein and her husband failed and neglected to transfer the said shares in favour of the opposite party herein and her wife nor did the petitioner and her husband return the said sum or any part thereof to them.