PANKAJ SARAF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Since the identical question of facts and law are involved in the above mentioned criminal revisions this Court is disposing of the said criminal revisions by a composite judgment.

(2.) In CRR 3964 of 2022 the petitioners have prayed for quashing of a complaint registered as CS Case No.0002981 of 2015 pending before the learned Metropolitan Magistrate, 14th Court at Calcutta under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act.

(3.) It is alleged by the petitioners that they retired from the post of Directors of Diamond Shipping Company Ltd by submitting their resignations before the Ministry of Corporate Affairs on 10/6/2014. On 28/8/2014 a cheque was drawn on behalf of Diamond Shipping Company Ltd in favour of opposite party No.2 for a total sum of Rs.32,14,921.00. The said cheque was deposited by the opposite party No.2 in his bank for encashment but the cheque was dishonoured on 8th, November, 2014 with the remarks "Account blocked situation covered". Subsequently, the opposite party No.2 issued a notice upon M/s Diamond Shipping Company Ltd demanding payment of the cheque amount within the statutory period of time. However, the company failed to pay the said sum and finally the opposite party No.2 lodged a complaint against the company and the present petitioners.