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1999 Supreme(Cal) 386

Debiprasad Sengupta
Santipriya Sen – Appellant
Versus
S. P. Bhattacharyya – Respondent


Advocates appeared:
Subir Ganguly for the petitioner
Sagar Banerjee, Tapas Saha for the opposite party No. 1

Judgment

Debiprasad Sengupta, J.

This revisional application is for quashing of a proceeding being complaint case No. C- 588 of 1996 under section 138 read with section 142 of the Negotiable Instruments Act pending before the learned Judicial Magistrate, 6th Court, Sealdah, South 24-Parganas.

2. On 3.12.96 the opposite party No.1 filed a petition of complaint under section 138/142 of the N.I. Act in the court of learned Additional Chief Judicial Magistrate at Sealdah against the present petitioner and two others. In the petition of compliant it was alleged that the complainant/opposite party No.1 purchased some shares of various companies and later on he intended to sell it. It was alleged that the complainant/O.P. No.1 thereafter was introduced with present petitioner and another person, who agreed to sell those shares in lieu of some remuneration. The complainant thereafter handed over the shares worth Rs.5,47,555/- to M/s. Sourit Sen & Associates (P) Ltd. during the period between October, 1995 to February, 1996. It was alleged that out of the total amount as aforesaid the complainant had already received a sum of Rs.3,49,880/- and after adjustment an amount of Rs.1,97,675/- remain











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