SHARP INDUSTRIES LIMITED Vs. JAYONTO ROY

JUDGEMENT

(1.) This is an application under Sec. 482 of the Cr.P.C. filed by the petitioners seeking order, quashing the proceeding being Complaint Case No. C/823/2008 pending before the learned 14th Metropolitan Magistrate Court, Kolkata under Sec. 138/141 of the Negotiable Instruments Act.

(2.) Briefly stated, the private respondent Jayonto Roy used to work for gain under petitioner no. 1 who filed the complaint under Sec. 138/141 of the Negotiable Instruments Act (hereinafter referred to 'N.I. Act'), consequent upon a cheque of Rs.56,127.00 issued by the petitioner no. 1 towards salary of the respondent no. 1 being dishonoured for insufficient fund.

(3.) It is contended by the petitioner that having received a notice from the Opposite Party No. 1 regarding return of cheque, paid a sum equivalent to the amount of the cheque by way of demand draft which was forwarded to the Opposite Party/respondent no. 1 with a request to refund the dishonoured cheque.