SHAM GANPAT CHOUGULE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the three revisional applications, the judgments delivered by the Additional District and Sessions Judge, Fast Track Second Court, Bichar Bhavan, Calcutta, in revisional applications pertaining to complaints against the accused/petitioners u/s 138/141 of the Negotiable Instruments Act 1881 are under challenge.

(2.) The opposite parties lodged complaints against the accused company Indage Vinters Limited and the petitioners who are the former Chairman, former Managing Director, former V.P Finance and former Chief Financial Officer of the company respectively. The cases are pending before the court of the Learned Chief Metropolitan Magistrate, Calcutta for examination of the petitioners u/s 313 of the Code. The petitioners moved applications u/s 311 of the Code before the Trial Court for recalling the sole witness for cross examining him further on the ground that there was a change of learned advocate in the mean time and the newly appointed learned advocate intended to further cross-examine the witness on some vital issues. Attention of the Court was also drawn to the order of the Bombay High Court in company petition no. 960/2009 whereby the accused company was ordered to be wound up and official liquidator appointed vide order dated March 19, 2010. The trial court, after consideration of the contention of the petitioners, rejected their prayers u/s 311 of the Code and issued notice upon the official liquidator for representation of the accused company. The trial court split up the proceedings of the cases and fixed a date for examination of the present petitioners u/s 313 of the Code besides awaiting response from the official liquidator. The said orders dated 06-11-2017 in the three cases were assailed by the petitioners before the revisional court.

(3.) The other order under challenge was passed on 10-01-2018 whereby the trial court allowed the prayer for adjournment of the petitioners as a last chance and directed the parties to come prepared on the next date of hearing.