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2007 Supreme(Cal) 533

TAPAN MUKHERJEE
A. K. GOENKA – Appellant
Versus
MAGMA LEASING LIMITED – Respondent


Advocates Appeared:
AMIT BHATTACHARYA, Arijit Mukherjee, Sandip Ghosal, SANDIPAN GANGULY, SEKHAR KUMAR BASU

TAPAN MUKHERJEE, J.

( 1 ) THIS application under section 401/482 of the Code of Criminal Procedure registered as C. R. R. No. 3623 of 2006 at the instance of the accused is directed for quashing the proceeding being case No. C 4482 of 1999 pending in the 12th Court of ld. Metropolitan Magistrate, Calcutta under section 138/141 of the Negotiable Instruments Act against the petitioner/ accused.

( 2 ) THE respondent/complainant filed complaint case before the ld. Chief metropolitan Magistrate, Calcutta alleging that in discharge of existing liability arising out of a lease agreement between the complainant and the accused company dated 1. 2. 96, the accused-company Ms. Premier Vinyl Flooring Limited issued two cheques bearing numbers 790939 dated 1. 6. 99 and 790940 dated 1. 9. 99 on Canara Bank S. D Area New Delhi each for Rs. 4,35,000/- in favour of the complainant company. The said cheques were presented for clearance by the complainant company through Oriental Bank of Commerce, Park Street branch, Calcutta but the same were returned dishonoured with the remark 'not arranged for' and 'exceeds arrangement'. The complainant company served demand notice upon the accused No. 1 compan


































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