JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the complaint under Section 138/141 of the Negotiable Instrument Act, 1881 (as amended up to date) registered as Case No. C.S No. 93322 of 2018 pending before the court of the learned Chief Metropolitan Magistrate at Calcutta.

2. The petitioner's case is that the petitioner is neither the Director nor the signatory of the accused company and it is well settled law by the Hon'ble Supreme Court that complaint under Section 138 read with Section 141 of the Negotiable Instrument Act can only be initiated against the Director of the Company and as such, there is no criminality involved on the part of the petitioner. If the complaint under Section 138/141 of N.I. Act before the learned Metropolitan Magistrate, Kolkata is allowed to proceed it will amount to gross abuse of the process of Court/law.

3. It is alleged that the post dated cheque drawn at State Bank of India, Mandi, Gobindgarh, District- Fatehgarh Sahib, Punjab bearing No.561491 dated 08.06.2018 for a sum of Rs.6,60,499/- was issued in favour of the opposite party no.1 herein and admittedly the said cheque was signed by the authori