MADHUMITA CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this criminal revisional application the petitioner prays for quashing of complaint case no. C/716/11 of 2011 (TR 188/11) under Section 138 of the Negotiable Instruments Act,1881 now pending before the learned Judicial Magistrate, 2nd Court, Alipore, 24 Parganas (South). The petitioner is the accused no. 2 in the said complaint. The brief facts of the caseare as follows:-

(2.) Hence, the complaint under Section 138 of the N.I. Act. Sri Gupta, Ld. Counsel appearing on behalf of the petitioner has principally canvassed the following points before this Court.

(3.) That the learned Magistrate failed to discharge jurisdiction vested in him by law by neglecting to peruse the cheque in dispute as annexed to the petition of complaint. The learned Magistrate further failed to examine the statement made in the petition of complaint as well as in the evidence-in-chief of the complainant. According to Sri Gupta a bare perusal the complaint will show that the cheque has been used by only person and process could not have been issued against two persons viz; Swapan Chatterjee, the accused no.1 and Madhumita Chatterjee, accused no.2 who is the present petitioner.