VIVEK BHASKARAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred by the petitioner challenging the proceedings being Case No. CS-27458 of 2017 under Ss. 138/141 of the Negotiable Instruments Act, 1881, pending before the learned Metropolitan Magistrate, 15th Court, Calcutta.

(2.) The allegations made in the petition of complaint as made by the complainant are as follows:-

(3.) Records reflect that the learned Magistrate was pleased to take cognizance of the offence on 5/5/2017 and transferred the case to the learned Metropolitan Magistrate, 15th Court, Calcutta for enquiry and disposal according to law. On 2/8/2017 the learned Magistrate after perusing the affidavit under Sec. 145 of the Negotiable Instruments Act along with the original documents and other papers was pleased to issue summons against the accused persons fixing 6/9/2017 for service return and appearance. The order dtd. 6/9/2017 reflects that some of the accused persons physically appeared and they were granted bail. The present petitioner (being the accused no.4 as per complaint) filed an application before the learned Magistrate for discharging him from the case. The main thrust of contention of the present petitioner is that since he has resigned from the company he cannot be made liable for the dishonoured cheque. Learned Magistrate after considering the materials appearing against him refused to discharge him and dismiss the petition which was filed on 6/9/2017.