SHAKTI RANJAN MONDAL Vs. AJAY KUMAR AGARWAL

JUDGEMENT

(1.) This Revisional application has been filed for quashing the proceedings started against the petitioner by way of an order for issuance of process passed on 27th of December 2013 by the Ld. Metropolitan Magistrate, 18th Court, Calcutta in Complaint Case No. 32211 /2013 of his Court.

(2.) According to the petition of complaint, the complainant had supplied cement to the company "Green Concretex Global Ltd.", which is the accused No.1, on account of which a sum of Rs. 1,31,22,926/- became due and payable by the accused company as on 31.03.2012. In the following month an understanding was arrived at between the parties wherein the accused persons agreed to pay an amount of Rs. 18,56,519/- out of the aforesaid dues and handed over 11 postdated cheques between the dates of 15.07.2013 to 29.07.2013 to the tune of Rs. 87,46,313/-, towards payment of the outstanding dues.

(3.) The cheques were subsequently submitted for encashment by the complainant but were dishonoured with the remark "Payment Stopped by the Drawer", and the written memo dated 31.07.2013 issued by the banker of the accused no. 1 was accordingly sent to the complainant.