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SYAMAL KANTI CHAKRABARTI
Lav Jhingan – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Joymalya Bagchi and Sourav Chatterjee, Advocates.
For the Respondent:Mr. Sk. Kasem Ali Ahmed (in CRR 2355 of 2009), S.K. Mallick (in CRR 2356 of 2009), S. S. Roy (in CRR 2357 of 2009) and Alok Roy Chowdhury, Advocates.

JUDGMENT

Syamal Kanti Chakrabarti, J.—Since some common issues are involved in all these revisional applications the same are taken up together for consideration and disposal by a composite order.

2. In all these revisional applications the petitioner has claimed that was one of the six Directors of M/s. Caritt Moran and Co. Pvt. Ltd. and retired from the post of Director of the company on 12.03.2009 and was not in charge of day to day affairs of the accused company. Yet he has been falsely implicated in the proceedings being Case Nos. C/5687/2009, C/5688/2009, C-5689/2009 and C/5690/ 2009 respectively under Sections 138/141 of the Negotiable Instruments Act now pending before the learned Metropolitan Magistrate, 13th Court, Calcutta. In all these cases the cheques issued by the company on different dates were dishonoured on the grounds of “account closed”. In fact as the petitioner was in no way connected with the day to day affairs and management of the company at the time of issuing those cheques he was not liable in any way for prosecution as alleged in the petition of complaint on the basis of which the learned Chief Metropolitan Magistrate took cognizance of the offence and t



























































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