PRADEEP KUMAR MALHOTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the aforesaid three criminal revisions since the petitioner sought for quashing of the proceedings under section 138 of the Negotiable Instruments Act against him on a common question of law the same are taken up for hearing together.

(2.) Heard the learned Counsel appearing on behalf of the petitioner. Perused the materials on record.

(3.) So far as the first two criminal revisions are concerned, according to the case of the complainant all the five cheques were presented for encashment and same were returned unpaid due to insufficiency of fund. Therefore, the cheque was not returned because the same was presented after the expiry of its validity. Moreover, the date on which the intimation about the dishonour of cheque was received cannot be treated as to be the date of presentation of such cheques for encashment. Those are all disputed question of facts and as such cannot be gone into at this stage when the accused approached this Court for quashing of the case invoking its jurisdiction under section 482 of the Code of Criminal Procedure.