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2023 Supreme(Cal) 174

BIBEK CHAUDHURI
Susanta Chakraborty – Appellant
Versus
Dey’s Construction – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sayan Chattapadhyay, Adv., Ms. Payel Shome, Adv.
For the Respondent: Mr. Debasis Kar, Mr. Subhajit Chowdhury, Adv.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The present revisional application has been preferred challenging orders dated 7th October, 2021 and 3rd December, 2021 passed by the learned Judicial Magistrate, 4th court at Barrackpur and the learned Judicial Magistrate, 5th Court at Barrackpur in Complaint Case No.C-448/2020 under Section 138 of the Negotiable Instruments Act.

2. It is submitted on behalf of the petitioner that the opposite party being a proprietorship concern represented by its sole proprietorship Mrs. Soma Dey lodged a complaint against him under Section 138 of the Negotiable Instruments Act. The complaint was initially filed before the learned Judicial Magistrate, 4th court at Barrackpur alleging, inter alia, that the accused/petitioner submitted an order of bulk quantity of N-95 (5 layers) Mask and Surgical Mask at a consideration price of Rs.5,24,608/-. At the time of placing the order the accused/petitioner paid a sum of Rs.20,000/-in favour of the complainant/opposite party through bank transfer. After receiving the goods the petitioner issued an account payee cheque dated 14th August, 2020 amounting to Rs.5,04,608/-drawn on Jana Small Financial Bank. When the complainant d

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