M L PERIWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned Advocates for the parties. This revisional application has been directed against the order passed by the learned Metropolitan Magistrate, 8th Court, Calcutta in Case No. C/ 631/03 under section 138/141 of the Negotiable Instruments Act on 25.2.2008 whereby the learned Metropolitan Magistrate has rejected the petition of the petitioners praying for allowing their learned Advocate D. Chanda to answer the questions under section 313 of the Code of Criminal Procedure, 1973, on their behalf.

(2.) It is the case of the petitioners that sometime in 2003, the opposite party No. 2 moved a petition of complaint bearing No. C/631/03 against the present petitioners and others alleging thereby the commission of offence punishable under sections 138 read with section 141 of the Negotiable Instruments Act, in the Court of the learned Chief Metropolitan Magistrate, Calcutta. The allegations made in the said complaint in short are that in course of its commercial transactions towards discharge of liabilities arising out of regular course of business, the company of the petitioners, namely, National Plywood Industries Ltd. issued six post-dated cheques for Rs. 1,72,246/- which being presented for clearance were returned dishonoured followed by service of demand notice which was not complied with by the petitioners and thereby they embraced the penal mischief of the said enactment.

(3.) The opposite party/State of West Bengal and the opposite party No. 2 are contesting, but neither of the opposite parties has filed any affidavit in opposition.