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R.P.GUPTA
Prabir Ray – Appellant
Versus
State of West Bengal & Anr. – Respondent


Advocates:
Counsel for the parties:
For the Petitioner: Ranjit Kumar Ghosal & G.L. Ghosh.
For the Respondents: Parthasarathi Bhattacharjee.

ORDER

R.P. Gupta, J. - By this judgment I shall dispose of two Criminal Revision Petition Nos. 1722 and 1723 of 1993 under Section 482 Cr. P.C. both filed by Prabir Kumar Roy. The petitioner seeks quashing of two criminal proceedings spending against him for offences under section 138 of the Negotiable Instruments Act in the Court of the Chief Metropolitan, Magistrate, Calcutta. Prosecution in Criminal Revision No. 1722 is in respect of bouncing of cheque No. 860284 dt. 23.2.1993 for Rs. 38,800/-. In the other revision, the prosecution is regarding bouncing of cheque No. 860282, dt. 24.7.1992 for Rs. 29,100/-. The prosecution have been started by Vinoy Kumar Agarwal, proprietor of M/s. V.K. Agency. The assertions in these petitions are that the accused was given financial assistance by the complainant respondent No.2 and a written agreement dated 13. 11.1991 about this financing was executed between the parties for supply of a wood-cutting machine to the accused petitioner. It is asserted that respondent No.2 obtained signatures of the petitioner on several papers without explaining them to him and no copy was given to him. The respondent No.2 had issued a cheque dated 13.11.1991









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