KIP LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an Order dtd. 6/4/2023 passed by the Learned Metropolitan Magistrate, 14th Court, Calcutta in connection with Complaint Case No. 34911 of 2009 which had been initiated in the backdrop of an alleged commission of an offence under Sec. 138 of the Negotiable Instruments Act, 1881 against the opposite party no. 2 herein, thereby rejecting the petitioner's prayer under Sec. 311 of the Code of Criminal Procedure for recalling of Prosecution Witness No. 1.

(2.) The petitioner is a private limited company and has initiated proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 against the opposite party no. 2.

(3.) The case in the petition of complaint is that the petitioner was carrying on its business of mining of granites. The opposite party no. 2 approached the petitioner to provide her with financial assistance for the purpose of expanding her business, which she carried on with her other family members. The petitioner, in good faith, provided financial assistance to the Opposite Party No. 2 from time to time. The opposite party no. 2, in partial discharge of her existing debts and/or liabilities, issued to the petitioner, an account payee cheque bearing no. 713379 dtd. 10/11/2008, drawn on Axis Bank Limited, Burra Bazar, for a sum of Rs.2,00,00,000.00 (Two Crore Rupees only), which, upon being deposited for encashment by the petitioner with its banker within its validity period was returned unpaid vide cheque return memo dtd. 4/5/2009, being dishonoured by the banker of the Opposite Party No. 2 for the reason "Funds Insufficient". A demand notice dtd. 19/5/2009, in terms with Sec. 138 of the Negotiable Instruments Act, 1881, was issued by the petitioner and the same was received by the opposite party no. 2 herein on 21/5/2009, but was not replied thereto.