The main legal point established in the judgment is the necessity of specific averments in the complaint to fulfill the requirements of Section 141 of the Negotiable Instruments Act and the vicarious liability of persons in charge of the company's business.

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 to the Judicial Magistrate 2nd Court Suri, Birbhum after taking cognizance. Before transferring the said complaint petition to the transferee Court, the learned Additional Chief Judicial Magistrate issued summon mentioning the liberty available to the accused/petitioners to adopt plea bargaining. On 26th March, 2018 the petitioners entered appearance before the learned Judicial Magistrate 2nd Court, Suri, Birbhum and filed two separate applications under Section 205 and 305 of the Code of Criminal Procedure. Learned Magistrate directing the accused persons to appear on 16.05.2018. On 9.07.2018 Learned Magistrate rejected the applications filed by the present petitioners/accused persons under Section 305 and 205 of the code of Criminal Procedure.

4. The petition of complaint filed before the learned Magistrate has been marked as annexed P/1 to the application under section 482 of the Code of Criminal Procedure.

5. Present opposite party/complainant is a partnership Firm and deals in building constructions, etc. having its office at village Panchami, P.S. Md. Bazar, Dist. Birbhum. It has been stated in the petition of complaint that accused No.1 M.B.L. Infrastructures Ltd. is a limited company and the other accused persons are the Directors of accused no.1 company and they are responsible to conduct the day to day business affairs of the accused no.1. It is specifically mentioned in the said petitioner of complaint that accused nos. 3, 4, and 5 and accused no.2 are the authorized signatory of MBL Infrastructures Ltd. The accused company placed orders on different dates for purchasing of GSB, Stone Dust and Stone Aggregate at different rates and quantity vide purchase orders dated 24.12.2015, 25.5.16, 7.01.16, and 9.04.16 and others. The complainant company according to the said purchase orders sold and delivered the said materials at the designated site for a sum of Rs.2,31,60,6,74/- (Rupees Two Crore Thirty One Lakh Sixty Thousand Six hundred Seventy Four) only and the accused persons received the goods in good condition without raising any objection towards the quality and quantity of the materials supplied in any manner whatsoever. The accused Nos. 2 to 5 on behalf of the accused no.1 company in discharge of the said existing legal liabilities against the bills raised by the complainant being issued an account payee cheque bearing no.001174 dated 15th March, 2017 of Rs.1,71,08,512/-(Rupees One Crore Seventy One Lakh Eight Thousand Five Hundred Eleven) only drawn on Kotak Mahindra Bank, Park Street Branch in favour of the complainant duly signed by the accused no.2 being the Director, who was the authorized signatory of accused no.1 company. On 10.04.2017 complainant deposited the said cheque with the bank of the complainant for encashment but the sai