RAHUL TANTIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings of Case No. CS/104729 of 2018 under Ss. 138/141 of the Negotiable Instruments Act, 1881, pending before the Court of the learned Metropolitan Magistrate, 15th Court at Calcutta, including the orders dated December 18, 2018, February 01, 2019 and August 14, 2019 passed in connection therewith.

(2.) On December 18, 2018, the opposite party no.2 herein filed a petition of complaint along with the pre-summoning evidence in the Court of learned Chief Metropolitan Magistrate at Calcutta being Case No. CS/104729 of 2018 under Ss. 138/141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act') against M/s. Tantia Constructions Ltd. Of Block-DD 30, Sector-I, Salt Lake City, Salt Lake, Police Station Bidhannagar, Kolkata-700 064 and others including the present petitioner who was arrainged as accused no.2 therein with a prayer for issuance of process.

(3.) After receipt of the complaint and the affidavit under Sec. 145 of the NI Act, vide Order dated December 18, 2018 the learned Chief Metropolitan Magistrate at Calcutta was pleased to take cognizance and transferred the case to the Court of the learned Metropolitan Magistrate, 15th Court, Calcutta (hereinafter referred to as the 'learned Trial Magistrate").