MANISH KAKRANIA Vs. EARTHLINK ESTATE PVT. LTD.

JUDGEMENT

(1.) The petitioner has moved these revisional applications under Sec. 482 of the Code of Criminal Procedure, 1973, seeking the quashing of proceedings in Case Nos. CS/12713, 12715, and 12716 of 2020 pending before the Learned Metropolitan Magistrate, 20th Court, Calcutta. The petitioner stands arrayed as Accused No. 7 for the alleged commission of offences punishable under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881.

(2.) The genesis of the dispute lies in a commercial transaction originating in 2016, wherein the complainant entities (Opposite Party No. 2) extended financial assistance via Inter-Corporate Deposits (ICDs) to the accused company, M/s Citylife Retail Private Limited. To discharge the existing liability, the company issued three cheques dated December 1, 2019, totalling Rs.56,00,000.00. Upon presentation, the instruments were returned dishonoured on February 28, 2020, with the endorsement "Drawer's signatures not as per mandate."

(3.) The complainants contend that the petitioner, by virtue of being a substantial shareholder (25.01%) and a "Responsible Officer," was a "controlling mind" of the company in charge of its day-to-day affairs. Statutory notices were issued in March 2020, and upon non-payment, the impugned complaints were filed.