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2023 Supreme(Cal) 286

SHAMPA DUTT (PAUL)
Ideal Real Estates Pvt. Ltd. – Appellant
Versus
Aris Capital Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioners:Dipanjan Dutt, Surojit Saha, Sonia Nandy, Sonia Ojha, Advocates.

JUDGMENT

The revisional application has been preferred praying for quashing of the proceeding of Case No. C - 5223 of 2018 under Section 138 of the Negotiable Instruments Act, pending before the Court of the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas, and all orders passed therein and an order dated 18.06.2019 passed by the Learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas in Case No. C – 5223 of 2018, thereby rejecting the application of the petitioners, wherein inter alia the petitioner No. 1 sought to pay the amount of the dishonoured cheque and the petitioners prayed that the impugned proceedings may be closed and the petitioners herein may be discharged.

The petitioner’s case is that the petitioner no. 1 is a company incorporated under the Companies Act, 1956, having its registered office situated at 50, Jawahar Lal Neheru Road, Kolkata – 700 071. The petitioner nos. 2 to 5 are the Directors of the petitioner no. 1 company and the petitioner no. 2 is the father of the petitioner no. 3. By a Board Resolution dated 20.02.2019 Shir Manoj Kumar Srivastava of the petitioner no. 1 company, has been authorized to represent th

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