(1.) BY this revisional application prayer has been made for quashing of,a criminal case being Complaint Case No. 6368 of 2003 under section 138 of the N. I. Act pending before the learned Metropolitan magistrate, 3rd Court, Calcutta on the ground that the case is not a genuine one, intended only to harass the petitioner.
(2.) I have heard Mr. Abhijit Addhya, learned Advocate appearing for the petitioner and Mr. Ayan Bhattacharya and Mr. Indrajit Adhikari, learned advocates appearing for the opposite party No. 1. In the petition of complaint it was averred that the accused-petitioner who is a proprietor of M/s, Anita enterprises issued a cheque in favour of the complainant on 07. 07. 2003 for Rs. 30,500/- drawn on Hawrah Gramin Bank, Batora Branch to discharge an existing liability arising out of a lease agreement entered into by and between the complainant and the accused. The cheque was presented for encashment but was dishonoured through a returned memo of the bank on 09. 08. 003. Advocate's notice followed under section 138 (b) of the N. I. Act per registered post with A/d which the accused-petitioner received on 11. 09. 2003. Hence the case which was delayed by one day beyond the statutory period on account of advocate's illness for which condonation was prayed for.
(3.) MR. Addhaya took me to lease agreement to substantiate his point that by the agreement the complainant advanced a sum of Rs. 1,13,870/- by of a loan to the petitioner and the alleged cheque of Rs. 50,030/- had to be kept with the complainant only to secure the loan of Rs. 1,13,870/- which as per the statement of account furnished by the complainant's company was paid way back in 1999 and in fact the alleged amount of Rs. 30,500/- said to be covered under the cheque was to all intents and purposes a security for advancing of loan which was already made payment of.