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2015 Supreme(Cal) 306

R.K.BAG
Davinder Kaur – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sabyasachi Banerjee, Mr. Anirban Dutta, Mr. Arindam Chatterjee, Mr. Amritam Mandal.
For the Opposite Parties: Mr. Ayan Bhattacharjee.

JUDGMENT

R.K. BAG, J.

1. The petitioner has preferred this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 praying for quashing the proceeding of Complaint Case No. C-30220 of 2011 pending before the Court of Learned Metropolitan Magistrate, 8th Court, Calcutta.

2. The backdrop of the revisional application, in brief, is as follows:-

The opposite party no. 2 filed a petition of complaint before the Court of Learned Magistrate against M/s. Gee Pee Infotech Pvt. Ltd. and three others including the petitioner on the allegation of committing offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (hereinafter N.I. Act). It is alleged that M/s. Gee Pee Infotech Pvt. Ltd. (hereinafter referred to as accused company) and its two Directors – Bijay Kumar Agarwal and Kalpana Agarwal and the present petitioner being company secretary of the accused company approached opposite party no. 2 for providing short term loan to the tune of Rs. 50,00,000/- with an undertaking to refund the same within the stipulated period of time. The opposite party no. 2 agreed to the proposal of the accused company and credited a sum of Rs. 50







































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