BHABANI SHANKAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Amit Bhattacherjee, the Advocate appearing on behalf of the petitioner. None appear on behalf of the opposite parties. Affidavit of Service filed in Court be kept in record.

(2.) The instant criminal Revisional application is directed against an order dated March 17, 2005 passed by the Learned Metropolitan Magistrate, Third Court, Calcutta, in connection with the Case No. C/3416 of 2002 under Section 138 of the Negotiable Instruments Act, whereby the Learned Magistrate rejected the petitioner's prayer for discharge from the said case.

(3.) Mr. Bhattacherjee appearing on behalf of the petitioner drew my attention to paragraphs 7, 8, 9 & 10 of the petition of complaint being Annexure - A to this application and submitted that although the demand notice was served upon the petitioner on October 27, 2001, but the case was filed in Court on August 13, 2002 long after expiry of the period as provided in the said Act. According to Mr. Bhattacharya, in view of such admission of the complainant the taking cognizance was bad in law and is liable to be set aside.