MOUMITA GANGULY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure praying for quashment of proceedings in connection with complaint Case No. CS73663 of 2018 under Sections138/141 of the Negotiable Instruments Act, 1881 now pending before the learned Metropolitan Magistrate 10th Court at Calcutta.

(2.) Learned advocate for the revisionist/petitioner submitted that petitioner had been unnecessarily roped in this case, who was not a signatory to the cheque. It was further submitted though the propriety business stood in the name of the petitioner, but the cheque in question was not issued in connection with the affairs of the propriety concern. It was also submitted that the disputed cheque was issued from the personal account of Deb Kumar Ganguly, the husband of the revisionist/petitioner, and with which the petitioner had no role to play in the alleged offence.

(3.) Besides making submissions, as aforesaid, it was the further case of the petitioner seeking quashment that there had been clear contravention of Rule 183 of Calcutta High Court Criminal Rules and Orders, 1985 by not mentioning the number of the order and the date as well, while taking cognizance of the offence in a pre-typed order-sheet, containing some blank portion therein to fill it up at the time of taking cognizance, and for such discrepancy, the pending proceeding should be quashed.