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1996 Supreme(Cal) 333

A.B.Mukherjee
Prasanta Agarwal – Appellant
Versus
S. K. Roy – Respondent


Advocates Appeared:
Pradip Ghosh, Sandip Ghosal

Judgment

1. THIS an application under section 482, Cr. P. C. made with a view to quash the complaint case No. 81 of 1992 pending before the chief Judicial Magistrate, Alipore under section 138, Negotiable Instruments Act (hereinafter referred to as the N. I. Act.)

2. THE petitioner was one of the partners of M/s. S. P. Electronics having its registered office at V. I. P. Road, Calcutta. After the said firm was dissolved on 31st March, 1990, the petitioner runs the same as a proprietary concern. On 7th February, 1992 the opposite party No. 1 in his official capacity filed a complaint against the petitioner, the other partner as also the firm itself alleging commission of offence under section 138 of the Negotiable Instruments Act. It was alleged in that complaint that the petitioner and his partner placed orders for supply of some. T. V. Parts on different dates with the complainant's company and the Company effected delivery of the said parts on different dates in between 8th October, 1990 and 7th February, 1991 under 3 invoices as mentioned in the petition of complaint. The petitioner and his partner issued three cheques of different dates, namely 3.10.1991, 28.10.1991 and 21.10.19





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