Subrata Talukdar, J.

In this criminal revisional application the petitioner prays for quashing of complaint case no. C/716/11 of 2011 (TR 188/11) under Section 138 of the Negotiable Instruments Act, 1881 now pending before the learned Judicial Magistrate, 2nd Court, Alipore, 24 Parganas (South). The petitioner is the accused no. 2 in the said complaint.

2. The brief facts of the case are as follows:-

a. That the complainant is one Debasish Ghosh who is the absolute owner of premises no. 31, Jatindas Road, Police Station: Lake, Kolkata-700 029;

b. That the accused no.1 is the husband of the petitioner and a business relationship subsisted between the accused no.1 and the complainant. This business relationship also covered the promoting and development of around 10 cottahs property situated at 31, Jatindas Road, Police Station: Lake, Kolkata-700 029;

c. Pursuant to the agreement between the complainant and the accused no.1, Swapan Chatterjee, the complainant paid a sum of Rs. 8,00,000/- to the firm of the accused no.1 and the accused no.2. However, the project did not materialise and in discharge of their alleged liability of Rs. 8,00,000/-, the accused persons issued an accoun