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2010 Supreme(Cal) 317

S.P.TALUKDAR
Biswanath Maheswari – Appellant
Versus
Navbharat Tea Processing Private Limited – Respondent


Advocates Appeared:
For the Appearing Parties:Amit Bhattacharya, Ayan Bhattacharji,Sandipan Ganguly, Partha Pratim Sarkar, Swapan Kumar Mallick, Subhasish Pachhal, Advocates.

Judgment :

S. P. Talukdar, J.

1. The present three revisional applications relate to identical facts and points of law and accordingly have been heard at a time.

2. In C.R.R. No. 1997 of 2008, the petitioner, by filing an application under section 482 of the Code of Criminal Procedure, has prayed for quashing of the proceeding of C.R. Case No. 400 of 2007 under sections 138/141 of the Negotiable Instruments Act now pending before the 1st Court of Judicial Magistrate, Jalpaiguri.

3. Grievances of the petitioner, as ventilated by learned Counsel, may briefly be stated as follows: The present respondent No. 1 and petitioner had business deal with each other. Complainant company despatched tea valued at Rs. 3,94,000/- to the accused No. 1 company covered by necessary papers and accordingly raised bill for the said amount being the value of made tea. Accused No. 1 company towards payment of the said amount being their legally enforceable debt and subsisting liabilities issued one post dated cheque bearing No. 307974 dated 14.3.2007 for Rs. 3,94,000/- only drawn on UTI Bank, Kolkata under the signature of accused No. 3 to the knowledge of the other accused persons with clear promise and















































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