ALOK MUNSHI Vs. SATINATH MUKHERJEE

JUDGEMENT

(1.) BY filing such application under Section 397/401/482 of the Criminal procedure Code the present petitioner sought to quash the proceeding being c. R. Case No. 274 of 2006 now pending before the learned Court of Additional chief Judicial Magistrate, Serampore, Hooghly.

(2.) GRIEVANCES of the petitioner, as ventilated in the present application, may briefly be stated as follows :-Opposite Party No. 1, as complainant, alleged in the complaint filed before the learned Court that in response to request made by the present petitioner, he gave him an accommodation loan of Rs. 3,48,500/ -. On repeated demands, the present petitioner issued two Account Payee Cheques being no. 134819 dated 2. 12. 2005 of Rs. 51,500/- and No. 134820 dated 2. 12. 2005 of Rs. 2,97,000/- drawn on United Bank of India, Chanditala Branch, Hooglily. The said cheques were deposited on 6. 4. 2006 for encashment but the same were dishonoured on the ground of 'insufficient of fund'. Opposite Party No. 1 issued a demand notice to the petitioner on 19. 4. 2006 with a request to arrange payment of the said amount of Rs. 3,48,500/- within 15 days from the receipt of the notice. It was received by the accused/petitioner on 21. 4. 2006. Opposite party No. 1 issued one notice through his lawyer demanding payment of Rs. 3,48,000/- and in the said letter, seven days time for payment was given. The notice was also not properly drafted. For all such reasons, request was made to treat the said notice as cancelled.

(3.) ON the basis of such petition of complaint the said case being c. R. Case No. 274 of 2006 was started. Before issuance of the notice dated 19. 4. 2006, another notice dated 22. 3. 2006 was given by Registered Post with acknowledgment Card due as well as Under Certificate of Posting which were posted on 22. 3. 2006 and were received by the petitioner 24. 3. 2006 respectively. If was stated inter alia that the petitioner look a loan of Rs. 3,48,500/- on diverse dates and undertook to repay the same within a short time. Two A/c. Payee cheques for the amount of Rs. 51,500/- and Rs. 2,27,000/- being cheque Nos. 134819 and 134820 respectively were drawn on United Bank of India, chanditala Branch on 2. 12. 2005.