KUNDAN CHAKRABORT Vs. TIRTHANKAR DEY

JUDGEMENT

(1.) This revisional application under Section 482 of the Code of Criminal Procedure is for quashing of a proceeding in connection with Complaint Case No.CS/44766/2018 now pending before the Court of learned 15th Metropolitan Magistrate, Calcutta under Section 138 read with Section 141 of the Negotiable Instruments Act.

(2.) The complaint-opposite party, Tata Capital Financial Services Limited/complainant, being one of the largest non banking financial company engaged in the business of providing finance facility to its customer, received a post dated cheque involving an amount of Rs.21,13,216/- from revisionist-accused who was a signatory to the cheque for and on behalf of company, styled as Dolphin Life Care Ltd. Shown as accused no.-1. The cheque on its presentation before the bank was dishonoured for the insufficiency of fund. A notice of demand was issued thereafter, which having been turned to be abortive exercise, the instant prosecution was initiated. Learned Magistrate, after consideration of the affidavit furnished by the complainant containing some statements along with documents under Section 145 of the N.I. Act arrived at his satisfaction that a prima facie case was made out, and accordingly, issued process under Sections 138/141 of the N.I. Act. The revisionist receiving the process proceeded to challenge the same before this Court without ensuring his appearance in terms of the direction of the learned Magistrate.

(3.) The learned advocate for the revisionist submitted that revisionist-accused was a Director of the Dolphin Lifecare Limited, a company being a juristic entity, and he submitted his resignation on 21.11.2017 and his resignation was accepted on 13.1.2018 in a Board meeting, held by the Board of Directors. The letter of resignation was subsequently accepted by the Registrar of companies.