INDIAN RESEARCH INSTITUTE LTD Vs. SWAPAN PAUL

JUDGEMENT

(1.) This is an application seeking for quashing of the Criminal proceeding pending before the Sub-Divisional Judicial Magistrate, Guwahati in C.R. Case No. 2411C/96. A complaint was lodged before the Chief Judicial Magistrate, Kamrup, Guwahati for initiation of a criminal proceeding of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The materials part of the accusation are quoted below :

(2.) The learned Sub-Divisional Judicial Magistrate, Guwahati on perusal of the complainant petition and upon examination of the complainant found sufficient ground for proceeding against the accused persons and accordingly issued summons for attendance of the accused persons under Section 204 of the Cr.P.C. The legality and validity of the aforesaid Criminal Proceeding is chellanged before this Court mainly on the ground thaat even if the accusation are taken its face value no criminal offence is discernable.

(3.) Mr. A. Thakur, learned counsel appearing for the petitioners has drawn my attention to the averments made in the complaint, some of which were already mentioned in this petition and submitted that the matter pertains to the domain of a Civil Court and there being total absence of mens-rea question of initiations and continuance of Criminal Proceeding is wholly unjustified. Mr. Thakur also submitted that the learned SDJM, Guwhathi fell into serious error by initiation process in a most mechanical fashion without applying its judicial mind.