SIBANI PURKAYASTHA Vs. INDRAJIT MITRA

JUDGEMENT

(1.) THIS application Under section 482 of the Criminal Procedure Code for quashing of the proceedings in C/965 of 2010, pending in the court of the Ld. Judicial Magistrate, no-5,Alipore, 24-Parganas (south) has been taken out by Smt. Sibani Purkayastha , who has been made accused in the case, mainly, on the grounds, stated below :-

(2.) MR. Dinendra Nath Chatterjee , Ld. Counsel for the petitioner contended that in case it is clearly found that the proceeding is entirely and absolutely false, question of continuation of such a proceeding does not arise as that would be amounting to gross miscarriage of justice . In order to prevent such frivolous & false criminal case , court should exercise its extraordinary power and quash the same. He has drawn attention of his court to the annexures to the application and submitted that ,ex facie , it appears that the cheques were stolen cheques and the police station concerned was informed about the stolen chuques then and there and that too, long before filing of the case.

(3.) THE complainant issued demand notice within 15 days from the date of such information which was received by the petitioner who,however, failed to make payment within the time stipulated . THE complaint was filed thereafter in order to prosecute the petitioner under section - 138 of the N.I.Act within one month thereof.