SAUMITRA SANKAR DUTTA Vs. BISWAJIT PAUL

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, the learned senior counsel appearing for the petitioners and Mr. R. P. Sarmah, the learned counsel for the respondent.

(2.) By this common order, we dispose of Criminal Revision Nos. 674/2002,675/2002 and 676/2002 analogously as they involve common question of law and facts and for the purpose of convenience, we like to quote the relevant facts from Criminal Revision No. 676/2002 which has been directed against the order dated 23.7.2002 passed in C.R. Case No. 1959 c/2002 pending in the court of Judicial Magistrate, 1st Class, Kamrup, Guwahati.

(3.) The accused-petitioners Saumitra Sankar Dutta and his wife Smti. Papiya Dutta, both Directors of M/s. Arati Plantation & Agro Products Pvt. Ltd., issued a cheque for Rs. 4,47,077/- in favour of the respondent- complainant Sri Biswajit Paul. The said cheque was presented by the complainant for payment on 6.4.2002 and it was returned as the cheque was dishonoured on the ground of fund 'not arranged for. The complainant thereafter issued a legal notice as required u/s 138 B of the Negotiable Instrument Act, for short, the Act and sent the said notice by registered post. The notice was returned back with the remark that "office always closed out of station." Thereafter, the complainant redeposited the said cheque on 4.6.2002 for clearance. But the cheque was again returned back dishonoured on the ground of "account closed". The complainant thereafter issued a second notice on 6.6.2002 by registered post The said notice was also returned back with the remark "Office totally abandoned". The complainant thereafter made enquiries and gave another notice against the accused through local daily Newspaper on 19.6.2002 but as no payment was received, complaint was filed u/s 138 of the N.I. Act.