KRISHNA BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of a complaint case being CS 53546 of 2017 presently pending before the learned Metropolitan Magistrate, 10th Court, Kolkata under Section 138 of the Negotiable Instruments Act.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. Because of the prevailing Covid-19 pandemic situation, the petitioner could not pay certain installments of EMI to the complainant company and although the dues were something in the range of Rs.5,00,000/- (Rupees Five Lakhs) a blank cheque was given earlier was filled up by the complainant with an amount of Rs.10,00,000/- (rupees ten lakhs) and presented for encashment. After being pointed out that the case is of 2017 and the non-payment could not have been due to the prevailing pandemic situation, learned Counsel for the petitioner corrects himself and says that due to certain other difficulties, the petitioner could not pay the dues. However, he disputes the amount of Rs.10,00,000/- (Rupees Ten Lakhs) as being the due as on the date of filing of the complaint.

(3.) It appears that the trial is going on. Since the accused was absent, a warrant of arrest was issued against him on 19.02.2020.