PAWAN Vs. ASSAM ROOFING LTD. & ANR.

JUDGEMENT

(1.) The challenge in this application under Sec. 482 of the Code of Criminal Procedure is to the order dated 3rd March, 2011 passed in Criminal Revision No. 125 of 2010 by learned Additional Sessions Judge, 6th Fast Track Court, Calcutta thereby affirming the order dated 4th March, 2010 passed in Case No. C-349 of 1996 under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act passed by learned Metropolitan Magistrate, 5th Court, Calcutta.

(2.) The complainant/O.P. No. 1 Assam Roofing Limited (formerly known as Assam Asbestos Limited) submitted a complaint before the learned Chief Judicial Magistrate, Calcutta stating therein that it is engaged in manufacturing of asbestos corrugated sheets. Such sheets were supplied to the petitioners herein pursuant to which two cheques were issued. Those cheques were bearing No. 075808 dated 18th Dec., 1995 for Rs. 10 lakhs and cheque bearing No. 075809 dated 22nd Dec., 1995 for Rs. 12 lakhs which were returned unpaid on account of insufficient fund vide memo dated 16th Jan., 1996. Notice was issued on 24th January, 1996 which was received by the petitioner on Second Feb., 1996 but did not make payment so the complaint was filed.

(3.) Learned Chief Metropolitan Magistrate took cognizance of the offence on 29th Feb., 1996 and passed an order for issuance of summons against the petitioner/accused persons, subsequent to which the petitioners herein entered appearance through their learned Advocates under Sec. 305 of Code Criminal Procedure and under Sec. 205 of Cr. P.C. respectively. On 1st July, 2000 accused persons were examined under Sec. 251 of Code Criminal Procedure through their learned Advocates. Petitioners submitted an application stating that the plea was not taken properly, legally and as per law and prayed for an order of acquittal on such ground. The learned Metropolitan Magistrate, 5th Court, Calcutta by the order dated 4th March, 2010 rejected the said application. Being aggrieved by that order the petitioners preferred criminal revisional case being No. 125 of 2010 and the learned Additional Sessions Judge, 6th Fast Track Court, Calcutta by the order dated 3rd March, 2011 rejected the said revisional application and thereby affirmed the order passed by the learned Magistrate. So this revisional application.