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2022 Supreme(Cal) 1371

ANANYA BANDYOPADHYAY
Jawaid Alam – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ayan Bhattacherjee, Indrajit Adhikari, Amitabrata Hait, Suman Majumder.
For the Respondents: K.C. Gara, Sunita Agarwal, Narayan Prasad Agarwal, Pratick Bose.

JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. The instant revisional application is filed under Section 482 of the Criminal Procedure Code to quash the proceedings of case no. C-21183/2011 under Sections 138/141 of the Negotiable Instruments Act, 1881 pending before the Ld. Metropolitan Magistrate, 4th Court, Calcutta directed against order dated 20.08.2011 and 08.09.2011. The petitioner inter-alia contends that the opposite party no. 2 filed a complaint in the Court of Ld. Chief Metropolitan Magistrate at Calcutta being case no. C-21183/2011 under Section 138/141 of the Negotiable Instruments Act, 1881 on or about 20.08.2011 against one M/s Prime Impex Ltd. a company along with 4 other persons including the present petitioner as accused number 4 praying for issuance of process against them based on that aforesaid complaint. The Ld. Metropolitan Magistrate vide order dated 20.08.2011 took cognizance of the case and transferred the same to the Court of Ld. Metropolitan Magistrate on 08.09.2011 process was issued on the basis of pre-summoning evidence of the Opposite Party no. 2 herein. The petitioner herein entered appearance and his prayer under Section 205 of the Cr.P.C. was granted. The p

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