MAHENDRA KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of a proceeding in Case No. C/1386 of 2019 pending before the Learned Judicial Magistrate, 5th Court, Alipore, South 24-Parganas under Section 138 read with Section 141 of the Negotiable Instruments Act and all orders passed therein including the orders dated 26.02.2019, 28.03.2019 and 09.07.2019.

(2.) While the petitioner is the accused No. 3 before the learned Trial Court, the opposite party No. 2 is the complainant. It was alleged in the petition of complaint that two post dated cheques for Rs. 32,486/- and Rs. 25,00,000/-, respectively, both dated 01.10.2018 and drawn on the ICICI Bank, Hyderabad Branch, duly signed by the present petitioner, were issued in favour of the complainant/opposite party in due discharge of liability. The instant case relates to the cheque of Rs. 25, 00,000/-. According to the complainant, the company deposited the cheque within the validity period with its banker, namely, the Kotak Mahindra Bank for encashment. But, the same was dishonoured. This led to the initiation of the present proceeding.

(3.) On 26.02.2019 the learned Chief Judicial Magistrate, Alipore, South 24 Parganas was pleased to take cognizance of the alleged offences and transfer the case to the file of the learned Judicial Magistrate, 5th Court, Alipore, South 24 Parganas. On 28.03.2019 the complainant was examined under Section 200 of the Code. An affidavit was filed by the complainant. After perusing the petition of complaint, the documents filed, the initial deposition and the written affidavit, the learned Trial Court was pleased to issue process against the accused. On 09.07.2019, after being satisfied with the service of summons, the learned Trial Court was pleased to issue warrant of arrest against the accused Nos. 2 and 3.