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2007 Supreme(Cal) 265

SADHAN KUMAR GUPTA
SAROJ KUMAR JHUNJHUNWALA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AMAR KUMAR DUDHWEWALA, AMARESH BAG, BIPLAB MITRA, PRABIR BANERJI, SANDIPAN GANGULY, SUDIPTO MOITRA, Uttam Majumdar

( 1 ) THIS revisional application has been preferred under Section 482 of the cr. P. C. praying for quashing of the proceeding of Case No. C/7143 of 2003, as pending in the Court of the learned 3rd Metropolitan Magistrate, Calcutta, so far as the petitioner Saroj Kumar Jhunjhunwala is concerned.

( 2 ) CASE of the petitioner is that on the basis of the complaint filed by the opposite party No. 2, case No. C/7143 of 2003 was started against the accused prisons. It was alleged therein that M/s. Victory Casting Ltd. and its directors including the present petitioner committed an offence under Section 138 of the Negotiable instruments Act (hereinafter referred to as the N.. Act ). It is the specific case of the complainant that on 5. 11. 2003, the opposite party no. 2/company presented two Account Payee Cheques bearing Nos. 477440 and 477441 respectively, dated 26/5/2003 amounting to a sum of Rs. 4 lakhs drawn on Canara Bank, for encashment through its banker. Those cheques were issued on behalf of M/s. Victory Casting Ltd. But on presentation, those cheques were dishonoured due to insufficiency of fund. According to the complainant. Victory Casting Ltd. issued those cheques for discha














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