M/S. KABRA BROTHERS Vs. PIYUSH BINAKIYA

JUDGEMENT

(1.) The present revision has been preferred against the Judgment and Order dated December 17, 2018 passed by the learned Chief Judge, City Sessions Court at Calcutta in Criminal Appeal No.90 of 2018 thereby setting aside the Order dated February 5, 2018 passed by the learned Metropolitan Magistrate, 18th Court at Calcutta in CN/399393 of 2014 under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) The petitioner's case is that the petitioner no.1 is a partnership firm.

(3.) That sometime in 2014, the opposite party herein filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') before the Court of the learned Chief Metropolitan Magistrate at Calcutta against the persons herein on the allegations as canvassed therein which was registered as case no.CN/399393 of 2014.