JUDGMENT :

(Shampa Dutt (Paul), J.)

1. The present revision has been preferred praying for quashing of the proceeding in Complaint Case No. CS/97816 of 2018 dated November 20, 2018 under Sections 138/141 of the Negotiable Instruments Act and an order dated January 03, 2020 passed by the Learned Metropolitan Magistrate 16th Court at Calcutta and now pending before the said Court.

2. The petitioner’s case is that the petitioner was a former sleeping partner of M/S Investment and Commercial Enterprise, an unregistered partnership firm and he was not involved with the day to day affairs of the partnership firm.

3. The Opposite Party is a private limited company which carries on its business for providing finance/loans to individuals, companies and/or firms.

4. On November 20, 2018 the Opposite Party herein filed a complaint before the Court of the Learned Chief Metropolitan Magistrate at Calcutta under Sections 138/141 of the Negotiable Instruments Act against the petitioner.

5. On November 20, 2018 the Learned Chief Metropolitan Magistrate at Calcutta after receiving the complaint took cognizance of the same and transferred the case to the Court of the Learned Metropolitan Magistrate,