K BALASUBRAMANIAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of Code of Criminal Procedure filed by K. Balasubramanian /petitioner praying for quashing of the complaint case being No. C-31302 of 2009 pending before the learned Metropolitan Magistrate, 8th Court at Kolkata.

(2.) The factual background in a nutshell is that opposite party No.2 M/s Steer Overseas Private Limited filed the complaint case being No. C-31302 of 2009 under Section 138 of N.I. Act , 1881 against the petitioner alleging, inter alia, that the petitioner entered into a contract with the opposite party No. 2 for conducting business and in course of such business transaction a huge sum of money became due and payable by the petitioner to the O.P. No. 2. THE petitioner assured the o.p. No. 2 that he would clear off all such dues and on 22-2-2009 there was a detailed meeting between the petitioner and the o.p. No. 2 wherein the petitioner admitted his liability to pay a sum of Rs. 11,90,18,978/- subject to the verification of the payment made by the o.p. No. 2 to Krishnapatnam Port Co. Ltd. on behalf of the petitioner and that the petitioner was supposed to confirm the same within 28-2-2009. On 21- 2-2009 the petitioner in discharge of his part liability issued one post dated account payee cheque bearing No. 007334 dated 31-3-2009 drawn on Federal Bank Limited, Mount Road Branch, Chennai-600 002 for sum of Rs. 5 crore in favour of o.p. No. 2. O.P. No. 2 presented the said cheque within its validity period, the cheque was returned unpaid with the remark "Payment Stopped by Drawer" by the bank of the O.P. No. 2 vide return memo dated 6-4-2009. On 28-4-2009 a demand notice was served upon the petitioner by o.p. No. 2 but the said notice was returned back to the o.p. no.1 on 1-5-2009 stating "Addressee seven days absent" . In spite of such service and expiry of statutory period of 15 days , the petitioner failed to make any payment and as such the impugned proceeding was initiated before the leaned Chief Metropolitan Magistrate , Kolkata. THE said case was subsequently transferred to the file of learned Metropolitan magistrate, 8th Court, Kolkata for disposal. So this revisional application praying for quashing of the proceeding pending before the learned Metropolitan Magistrate, 8th Court, Kolkata.

(3.) Perused the revisional application, taken stock of the rival contention of learned advocates of the parties and gone through the order passed by this Court in CRR No. 4653 of 2009 on 31-3-2010 as well as citations placed before this Court . It is relevant to quote para 4 of the revisional application:-