ABHIJIT SEN Vs. SIBENDU BASU

JUDGEMENT

(1.) This revisional application is directed against an order dated 16-12- 2000 passed by the learned Chief Metropolitan Magistrate, Calcutta in a proceeding being case No. C/3851/ 2000 under Sections 138/141 of the Negotiable Instruments Act.

(2.) The aforesaid proceeding was initiated on the basis of a complaint filed by the present opposite party alleging that the accused No.1 in the petition of complaint issued a cheque on 20-7-2000 amounting Rs.64,000/- in favour of the complainant in discharge of existing financial liability. The said cheque was presented for encashment and the same was dishonoured by the Bank. Demand Notice was sent to the drawer of the cheque asking him to make the payment. On failure to make the payment within the stipulated period the cause of action arose and the petition of complaint was filed against the company and two of its directors alleging commission of offence under Section 138 of the N.J. Act.

(3.) On the date fixed for appearance an application under Section 205 of the Code of Criminal Procedure was filed on behalf of the present petitioners. On such application the learned Magistrate passed an order that the application under Section 205, Cr.P.C. would be heard after the appearance of the accused persons. Challenging such order the present revisional application has been preferred.