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2023 Supreme(Cal) 435

SHAMPA DUTT (PAUL)
Subir Sarkar – Appellant
Versus
Sk. Anisur Rahaman – Respondent


Advocates Appeared:
For the Petitioner: Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit, Ms. Rajashree Tah.
For the Respondent: Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred praying for quashing of the proceeding in C.R. Case No. 990 of 2018 under Section 138 of the Negotiable Instrument Act pending before the learned Judicial Magistrate, 4th Court, Purba Bardhaman.

2. The petitioner's case is that the opposite party herein lodged a written complaint under Section 200 of the Code of Criminal Procedure before the Chief Judicial Magistrate, Burdwan alleging, inter alia, the following facts :

    i) That the opposite party is a businessman. He has a business of garments, travel and electrical goods under the name and style of 'Pragati'.

ii) That the accused person is a LIC Agent and few years ago, he came to the house of the complainant for making a LIC policy and the complainant deposited the money with LIC.

iii) The accused person wanted to take a personal loan in the year 2018 for his business.

iv) The complainant gave Rs.27 lakhs in cash to the complainant.

v) In order to repay the said amount the accused issued one cheque bearing No. 847014 dated 10.10.2018, for Rs.27,00,000/-(Rupees twenty seven lakhs) drawn on South Indian Bank, Burdwan Branch, and the complainant deposited th

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