M/S. MERCK LTD. Vs. RADHA NATH NANDI

JUDGEMENT

(1.) The matter is taken up for final hearing on the consent of the parties.

(2.) Proceeding in Complaint Case No.727 of 2015 under Section 138 of the N.I. Act pending before the court of learned Additional Chief Judicial Magistrate at Bidhannagar, North 24- Parganas and all orders passed therein have been assailed by the petitioner inter alia on the ground that the cheque was never presented for encashment before the drawee bank and therefore the penal of liability under Section 138 of the N.I. Act can be said to be attracted in the facts of the case.

(3.) Mr. Ganguly, learned senior counsel along with Mr. Bhattacharjee, learned counsel drew my attention to the averments in the petition of complaint wherein it is stated that the cheque was returned on March, 2013 with the endorsement that the "account name and cheque name differs/no fund". It has further submitted that in response to the notice of dishonour such fact was reiterated to the opposite party/complainant but he did not take any steps in the matter. It has also been submitted with reference to annexures in the supplementary affidavit that dues of the opposite party have since been cleared.