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D.P.SENGUPTA
MARUTI EQUIPMENTS PVT. LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Soumen Ghosh, Mr. Aloke Nath Ghosh and Mr. Nandalal Pradhan, Advocates.
For the Opp. Parties:Mr. Pradip Ghosh and Mr. Joymalya Bagchi, Advocates.

JUDGMENT

Debiprasad Sengupta, J. - This revisional application is for quashing of a proceedings being Case No. C-41 of 1993 under Section 138 of the Negotiable Instruments Act.

2. The opposite party No.2 filed a petition of complaint before the Additional. Chief Metropolitan Magistrate, Calcutta alleging commission of an offence under Section 138 of the N.I. Act against the present petitioners. It was alleged in the said complaint that the accused/Petitioner No.2 issued a cheque bearing No. 156276 dated 10.2.1992 for Rs.7,75,000/- drawn on State Bank of India, Vatva I.E., Ahmedabad. The said cheque was presented for encashment by the complainant with State Bank of India. Baghabazar, Calcutta. The said cheque was dishonoured by the Bank, which by its debit memo dated 25.11.1992 informed the petitioner that the said cheque was returned unpaid for the reason of "Insufficient funds". The complaint/opposite party No.2 issued a demand notice on 2.12.1992, which was received by the accused petitioner on 10.12.1992. On failure to make the payment by the accused within the stipulated period of 15 days the petition of complaint was filed.

3. On receipt of the said complaint the learned Magis






















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