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2019 Supreme(Cal) 318

MADHUMATI MITRA
Ashwini Kumar Singh – Appellant
Versus
Panchami Stone Quarry – Respondent


Advocate Appeared:
For the Petitioners:Sekhar Basu, Anupama Sahay, Advocates.
For the Respondent:Ayan Bhattacharya, Saikat Chatterjee, Kunal Ganguly, Sharequl Haque, Advocates.

JUDGMENT :

1. The petitioners have approached before this Court by filing an application under Section 482 of the Code of Criminal Procedure 1973 praying for quashing of the proceedings being C.S. Case No.AC/121/17 under Section 138 read with Section 141 of the Negotiable Instruments Act,1881 pending before the Court of learned Judicial Magistrate 2nd Court Suri. At the same time petitioners have approached for quashing of the orders dated 13th July, 2017 and 9th July, 2018 regarding issuance of summons upon the petitioners and rejection of the petitions under Section 305 and 205 of the Code of Criminal Procedure respectively.

2. Before considering the rival submissions made by the learned Counsel for the parties, the relevant facts which are necessary for disposal of this revisional application may be set out briefly.

3. The opposite party M/S Panchami Stone Quarry filed a petition of complaint against the present petitioners on 13th July, 2017 before the learned Additional Chief Judicial Magistrate Suri, Birbhum. The petition of complaint was registered as AC case No.121 of 2017. Learned Additional Chief Judicial Magistrate on the same date transferred the said petition of complaint

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