SRIKUMAR CHAKRABORTY Vs. DATACON SYSTEMS PVT LTD

JUDGEMENT

(1.) The present case arises out of an application under section 401 read with section 482 of tha Code of Criminal Procedure.

(2.) Grievances of the petitioner may briefly be stated as follows : The petitioner is the Managing Director of Medcon Computer Systems Pvt. Ltd. having its office at East Agarpara, Kolkata-700109 and also having its office at AB-287, Sector-1, Salt Lake, Kolkata-700064 P.S. Bidhannagar. On 7th August, 2002 one Purnendu Basu, as authorized representative of Datacon Systems Pvt. Ltd., filed a petition of complaint under section 138 read with section 141 of the Negotiable Instruments Act before the learned Court of Chief Metropolitan Magistrate, Calcutta, thereby giving rise to case No.3355/02.

(3.) It was alleged in the said petition of complaint that the present petitioner in discharge of legal liability on behalf of Medcon Computer Systems Pvt. Ltd. issued two cheques in favour of Datacon Systems Pvt. Ltd, bearing Nos. 572707 for a aum of Rs. 52,545/- and 572808 dated 01.02.2002 for a sum of Rs. 51,000/- both drawn on United Bank of India, Hatibagan Branch, Calcutta-700004. The said two cheques, though deposited properly within the validity period, were returned unpaid on 24.5.2002 for the reason "Exceeds Arrangements". By a registered demand notice dated 06.06.2002, the opposite party herein demanded total sum of Rs. 1,03,545/- but the said notice was returned on 23.07.2002 with the postal remark "Not Claimed".