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2017 Supreme(Cal) 958

DEBI PROSAD DEY
Janardan Nirman Pvt. Ltd. – Appellant
Versus
Era Infra Engineering Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Sudipta Moitra, Mr. Debabrata Banerjee and Mr. Koushik Bhattacharya, Advocates

JUDGMENT :

Debi Prosad Dey, J.

In spite of service of notice none appears on behalf of the opposite parties. The affidavit of service filed by the petitioner shall be retained with the records.

Challenge in this revisional application is the order dated 3rd November, 2014 of learned Additional Chief Judicial Magistrate, Bidhannagar in case no. 2260 of 2014 (GR no. 369 of 2014) wherein and where under learned Magistrate has issued summons against the petitioner and other accused persons after examining the representative of complainant under Section 138 of the Negotiable Instrument Act.

2. Being aggrieved by and dis-satisfied with such order the petitioner has filed this revisional application on the ground that the petition of complaint is barred by the Law of Limitation in terms of the decision of the Hon'ble Supreme Court reported in 2015(1) Crimes 73 (SC) Shibgiri Associates and Ors. v. Mate so Mineral(India Pvt. Ltd.) and for non-compliance of the mandatory provision of law as contemplated under section 202 of the Code of Criminal Procedure, 1973.

3. The complainant company having its office at 153 Ground Floor, Lila House Okhla Industrial Estate-III New Delhi- 110020 and it's head







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