RANJIT MONDAL @ RANJIT KUMAR MONDAL Vs. SAMAR MONDAL

JUDGEMENT

(1.) A proceeding under section 138 of the N.I. Act, now pending before the Metropolitan Magistrate, 4th Court, Calcutta is sought to be quashed by moving this criminal revisional application. The grounds on which the quashing has been sought for are as follows:

(2.) NO quashing of a criminal proceeding is legally permissible on the basis of the annexures to the application for quashing before the content of such annexures is proved in trial on evidence. The suppression of fact and the allegations are false, are essentially the defence of the accused and disputed question of facts, consequently same also cannot be taken into consideration to decide the question of quashing. The only other ground that a suit for declaration that a sale deed in connection with the cheque in question was issued is pending is no ground on the face of the provisions of section 139 of the N.I. Act, without a definite finding of a competent court that such cheque was not issued in discharge of any legally enforceable debt or liability.

(3.) THIS criminal revision has no merit and accordingly stands dismissed.