RAGHWAN SARATHY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an application under section 482 Cr. PC filed by the petitioner praying for setting aside the order dated 15.01.2002 passed by the learned Sessions Judge, 8th Bench, City Sessions Court. Calcutta in Criminal Motion No. 112 of 2001 affirming the order dated 07.04.2001 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in complaint case No. C-2607/99 under sections 138/141 of the Negotiable Instruments Act, 1881.

(2.) The circumstances leading to the above application are that Mukesh Sharma, representative of O.P. No. 2 Company initiated the aforesaid complaint case being C-2607/99 inter alia alleging that on the presentation of the cheque dated 08.07.99 for Rs. 1,19,903/- drawn on ANZ Grindlays Bank, Shakespear Sarani Branch, Calcutta, its banker UTI Bank Ltd., Calcutta it was returned unpaid with a remark "payment stopped by the drawer" on 12.07.99. Despite receipt of the demand notice issued on 14.07.99 the company M/s. Corporate Couriers Ltd. failed to make payment of the amount of the cheque.

(3.) The petitioner after his appearance before the Court filed a petition praying for discharge on the ground that his resignation from the post of Chairman and Managing Director of M/s. Corporate Couriers & Cargo Ltd. on 10.01.99 was accepted in the meeting of the Board of Directors on 01.03.99 and he had no control over the affairs of bank transaction which was rejected by the learned Magistrate, and the revision against the said order was dismissed.