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


Counsel for the Parties:
For the Petitioner:Joymalya Bagchi and Sourva Chatterjee, Advocates.
For the State in C.R.R. 2355 of 2009:Sk. Kasem Ali Ahmed, Advocate.
For the State in C.R.R. 2356 of 2009:S.K. Mallick, Advocate.
For the State in C.R.R. 2357 of 2009:S.S. Roy, Advocate.
For the State in C.R.R. 2359 of 2009:Alok Roy Chowdhury, Advocate.

JUDGMENT

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

In all these revisional applications the petitioner has claimed that he 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 12.3.2009 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. 2009, C5689/2009 and

C/5689/2009 respectively under Sections 138/141 of the Negotiable Instruments Act now pending before the 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 offence and transferred the case to the learned



























































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