REKHA MALHOTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This in an application under Sec. 482 of the Criminal Procedure Code, 1973 filed by the petitioners (Accused persons) for quashing of the entire proceeding being Complaint Case No. C-824 of 2011 pending before the Learned 4th Metropolitan Magistrate at Calcutta under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 (As amended till date) and all orders passed thereunder.

(2.) The matter was taken up for hearing on 21/11/2025 but none appears on behalf of the opposite parties and no accommodation is prayed for, accordingly, the matter is taken up for hearing in the absence of the opposite party. The application is pending since the year 2012.

(3.) The complainant, namely, Mrs. Shweta Singhania has filed the complaint being Complaint Case No. C-824 of 2011 before the Learned Additional Chief Metropolitan Magistrate at Calcutta in the month of November, 2011 against the petitioners for the alleged offence under Sec. 138 of the Negotiable Instruments Act read with Sec. 141 of the said Act. Thereafter the case was transferred before the Learned 4th Metropolitan Magistrate at Calcutta for disposal. On the basis of the aforesaid purported complaint, the Learned Magistrate has taken cognizance for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 on 14/11/2011 against the petitioners and issued summons.