MEGHLA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In C.R.R. No. 1906 of 2010 while the petitioner, who has been facing his trial before the Learned Metropolitan Magistrate, 17th Court, Calcutta in connection with the Case No. C-2329/06 relating to an offence punishable under Section 138 of the Negotiable Instruments Act has approached this Court seeking a relief by way of stay of all further proceedings of the aforesaid complaint case on the ground, over the self-same facts a civil suit is pending between the parties before the Hon'ble High Court at Calcutta. In C.R.R. No. 1524 of 2010 the complainant of the aforesaid case approached this Court for a direction for expeditious conclusion of the said trial on the ground that the same is pending in violation of mandate of sub-section (3) of Section 143 of the Negotiable Instruments Act as directed earlier both the criminal revisions are taken up for hearing together.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record.

(3.) According to the learned advocate of the petitioner, in C.R.R. No. 1906 of 2010 that after dishonour of a cheque of Rs. 6 lakhs which she issued in favour of the opposite party, on January 16, 2006 her husband went to the office of the petitioner and requested him to re-deposit the cheque as at that time sufficient amount of money was available in the account, on which such cheque was drawn, to honour the same. However, the complainant without keeping such request, issued demand notice on February 28, 2006 on the basis of the earlier dishonour and thereafter filed the impugned complaint. It is the further submissions of the learned advocate of the petitioner in C.R.R. No. 1906 of 2010 that following the dishonour of the cheque the complainant sent a letter to the Commissioner of Police, Calcutta with a copy of the Officer-in-Charge, Taltala Police Station alleging various defamatory and false allegations against her husband Nirmal Biswas, who happened to be a Sub-Inspector of Police, whereupon her husband has filed a civil suit for defamation claiming damage being C.S. No. 62 of 2006 before the Hon'ble High Court and the said case is still pending. Accordingly, it is prayed this complaint is liable to be quashed as the same was filed out of sheer mala fide to harass the petitioner, although she had the clear intention to make payment and alternatively it is prayed that till the disposal of said suit for defamation and damage all further proceedings relating to the aforesaid complaint case be stayed because both are arising out of the selfsame cause of action.