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SHAMPA DUTT (PAUL)
Suresh Chandra Khemka – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of the proceeding of C.S. No. 53426 of 2019, under Sections 138/141 of the Negotiable Instruments Act, 1881 pending before the Court of the Learned Metropolitan Magistrate, 11th Court at Calcutta.
2. The petitioners state that they are the office bearers of M/s, Gurudayal Gangabux (Pvt.) Ltd. having its Registered Office at-“Jute House” 12, India Exchange Place, Kolkata – 700 001 (hereinafter referred to as “M/s Gurudayal Gangabux”) which deals in export & import and the said M/s Gurudayal Gangabux are doing such business for a considerable period of time with great goodwill and reputation.
3. For the purpose of smooth running of the aforesaid business, M/s Gurudayal Gangabux used to obtain financial assistance from various banks and other financial institutions.
4. In the year of 2016, the petitioners being aware of the name of the opposite party no. 2 being a company who used to provide financial assistance to individuals and companies, approached the opposite party no. 2 for a loan and/or financial accommodation to the tune of Rs. 50 Lakh.
5. After proper verification
Compliance with the provisions of the Negotiable Instruments Act, including Section 87, is crucial in cases involving dishonour of cheques.
Material alteration of a negotiable instrument renders it void unless made to carry out the common intention of the original parties, and only the date on the cheque could be altered. Additionally, a....
Material alteration of a negotiable instrument renders it void as per Sec. 87 of the N.I. Act.
The need for evidence to rebut the presumption under the NI Act and the inadmissibility of appreciating evidence at the stage of quashing proceedings under Section 482 Cr.P.C.
The court's decision emphasized the strict conditions for prosecuting under Section 138 of the Negotiable Instruments Act, 1881, based on the definition of 'payee' and 'holder in due course'.
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