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2011 Supreme(Cal) 1101

ASIM KUMAR RAY
K. Balasubramanian – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Sudipto Moitra, Subhomoy Bhattacharya, Basabdutta Pal, Milon Mukherjee, Sandipan Ganguly

JUDGMENT

Asim Kumar Ray

1. THIS is an application under Section 482 of Code of Criminal Procedure filed by K. Balasubramanian/petitioner praying for quashing of the complaint case being No. C-31302 of 2009 pending before the learned Metropolitan Magistrate, 8th Court at Kolkata.

2. THE factual background in a nutshell is that opposite party No.2 M/s Steer Overseas Private Limited filed the complaint case being No. C-31302 of 2009 under Section 138 of N.I. Act, 1881 against the petitioner alleging, inter alia, that the petitioner entered into a contract with the opposite party No. 2 for conducting business and in course of such business transaction a huge sum of money became due and payable by the petitioner to the O.P. No. 2. THE petitioner assured the o.p. No. 2 that he would clear off all such dues and on 22-2-2009 there was a detailed meeting between the petitioner and the o.p. No. 2 wherein the petitioner admitted his liability to pay a sum of Rs. 11,90,18,978/- subject to the verification of the payment made by the o.p. No. 2 to Krishnapatnam Port Co. Ltd. on behalf of the petitioner and that the petitioner was supposed to confirm the same within 28-2-2009. On 21- 2-2009 the pe









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