N. K. BHATTACHARYYA, J.

( 1 ) BY this revision the accused petitioner has challenged the order dated 26. 7. 94 passed in complaint case No. C/314/94 by the learned Chief Metropolitan Magistrate, Calcutta under section 138 of the Negotiable Instrument Act, 1881 whereby the learned Magistrate took cognizance of the offence and directed issuance of process against accused No. 1, the petitioner herein.

( 2 ) A short conspectuous of the case is that the petitioner and her husband Ghanashyamlal Oza held 620 shares of Messers. Nazareth Engineering Company Private Limited and they agreed to transfer 50% of such shares of the said company to the opposite party herein and her wife Smt. Shauli Paul. The consideration was fixed at Rs. 6,50,000/- for transfer of such shares and the opposite parties paid Rs. 5,00,000/- in cash and the balance of Rs. 1,50,000 by bank draft.

( 3 ) THE petitioner herein and her husband failed and neglected to transfer the said shares in favour of the opposite party herein and her wife nor did the petitioner and her husband return the said sum or any part thereof to them.

( 4 ) ON 11-6-94 the petitioner issued a cheque for an amount Rs. 5,79,000/drawn on United

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