SAROJ KUMAR JHUNJHUNWALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been preferred under Section 482 of the Cr. P.C. praying for quashing of the proceeding of Case No. C/7143 of 2003, as pending in the Court of the learned 3rd Metropolitan Magistrate, Calcutta, so far as the petitioner Saroj Kumar Jhunjhunwala is concerned.

(2.) Case of the petitioner is that on the basis of the complaint filed by the opposite party No. 2, case No. C/7143 of 2003 was started against the accused prisons. It was alleged therein that M/s. Victory Casting Ltd. and its directors including the present petitioner committed an offence under Section 138 of the Negotiable instruments Act (hereinafter referred to as the N.I. Act). It is the specific case of the complainant that on 5.11 .2003, the opposite party No. 2/company presented two Account Payee Cheques bearing Nos. 477440 and 477441 respectively, dated 26/5/2003 amounting to a sum of Rs. 4 lakhs drawn on Canara Bank, for encashment through its banker. Those cheques were issued on behalf of M/s. Victory Casting Ltd. But on presentation, those cheques were dishonoured due to insufficiency of fund. According to the complainant. Victory Casting Ltd. issued those cheques for discharging of its existing liability towards the opposite party No. 2.

(3.) After the cheques were dishonoured, the opposite party No. 2 issued a Demand Notice to the accused persons on 17/11/2003 and it was received on behalf of M/s. Victory Casting Ltd. (hereinafter referred to as the said company) on 18/11/2003. Despite receipt of the said notice the said company or its directors, who are the accused persons of the case, did not make any payment and as such, they all are liable to be punished under Section 138/141 of the N.I. Act.