IN THE MATTER OF : SOMNATH BANERJEE Vs. STATE

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Cr. P. C. has been taken out by Somnath Banerjee, an accused in C. R. Case No. 196 of 2005 pending in the Court of the learned A. C. J. M., Durgapur under Section 138 of the N. I. Act, praying for quashing of the entire proceeding on the ground that the proceeding initiated against him is wholly illegal, improper and erroneous and step taken by the Court is also irregular and beyond jurisdiction.

(2.) On perusal of the petition of complaint lodged by Sk. Abdul Rashid against this petitioner, it appears that it is a clear case of bouncing of cheque and all the ingredients of the offence under Section 138 of the N. I. Act have been satisfied. The learned Magistrate upon taking cognizance of the offence issued process under Section 204 of the Cr. P. C. against the petitioner who did not care to appear before the Court although received the summons. Warrant of arrest was issued against him and he was arrested and brought before the Executive Magistrate at Barrackpore who is supposed to cause production of the accused before the Court at Durgapur. On 2.3.2011, an order to that effect was also passed. But the petitioner has not yet followed that order and has not appeared before the learned Court of the Judicial Magistate at Durgapur.

(3.) The entire proceeding as it appears to this Court suffers from no irregularity, illegality or impropriety for which the prosecution can be quashed as prayed for. The memo of undertaking filed by the petitioner is of no use in this case. It can well be taken into consideration by the learned Magistrate at the time of trial.