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1996 Supreme(Cal) 239

RABIN BHATTACHARYYA
SOVA MUKHERJEE – Appellant
Versus
RAJIV MEHRA – Respondent


Advocates Appeared:
AMIT TALUKDAR, ASHIM ROY, BALAI ROY, Kallol Mondal

R. BHATTACHARYYA, J.

( 1 ) -THIS criminal revision is directed for quashing of the proceedings sprang up from the complaint case No. 1468 of 1994 pending disposal before the learned Metropolitan Magistrate, 11th Court Calcutta.

( 2 ) THE facts, as much as, they are relevant for the purpose of the decision in criminal revision are as follows:-

( 3 ) THE respondent opposite parties sold Indian made foreign liquor to the petitioner revisionists.

( 4 ) THE revisionist No. 2. as constituted Attorney of the revisionist, issued an account payee cheque, dated 6. 5. 94, for a sum of Rs. 30,000/- in discharge of partial liabilities, drawn on UCO Bank, Sealdah. The same was, however, presented to the said bank for encashment by the respondent opposite parties. Unfortunately, the cheque was bounced off as it exceeded the arrangement revealed by the memo dated 1. 7. 94.

( 5 ) THE respondent opposite parties caused a notice to be served on the petitioner revisionists on 20. 7. 94 which went unheaded by the revisionists. The cheque, since bounced the respondent opposite parties was constrained to file the complaint before the Metropolitan Magistrate for an offence alleged to have been committ







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