KOUSHIK DAS Vs. BIDHAN CHANDRA ROY

JUDGEMENT

(1.) The petitioner is the accused of Complaint Case No.C-476 of 2017 being a proceeding under Sec. 138 of the Negotiable Instruments Act pending before the learned Judicial Magistrate, First Court at Barrackpore.

(2.) The petitioner has filed the instant revision praying for quashing of the aforesaid complaint case pending against him.

(3.) Learned advocate for the petitioner at the outset draws my attention to an order dtd. 25/1/2022 passed by a Coordinate Bench in the instant revision while admitting the revision for hearing. It is pointed out by the learned advocate for the petitioner that the petitioner prayed for quashing of the aforesaid complaint case alleging, inter alia, that the complainant /opposite party filed a Court complaint alleging, inter alia, that the opposite party gave an accommodation loan of Rs.62.00 lakhs to the petitioner and in discharge of his part liability the petitioner issued a cheque of Rs.2.00 lakhs in favour of the opposite party. Eventually, the said cheque was bounced resulting in initiation of Complaint Case No. C-476 of 2017. The petitioner challenged the very foundational fact of the case mentioning, inter alia, that the opposite party lodged an FIR in the jurisdictional police station prior to initiation of the complaint case under Sec. 138 of the Negotiable Instruments Act alleging, inter alia, that the petitioner time to time extorted a sum of Rs.62.00 lakhs, thereby committing an offence punishable under Sec. 384 of the Indian Penal Code. Thus, in place the complainant pleaded that the accused extorted a sum of Rs.62.00 lakhs and in subsequent criminal proceeding under Sec. 138 of the Negotiable Instruments Act complainant alleges that he gave an accommodation loan amounting to Rs.62.00 lakhs to the petitioner.