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2024 Supreme(Cal) 1069

ANANYA BANDYOPADHYAY
Rekha Malhotra – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anirban Dutta, Amartya Ghosh.

JUDGMENT :

ANANYA BANDYOPADHYAY, J.

1. The instant revisional application has been filed by the petitioners praying for quashing of the proceedings being Complaint Case No. C-825 of 2011 pending before the Learned 4th Metropolitan Magistrate at Calcutta under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (as amended till date) and all orders passed thereunder.

2. None appeared to represent the opposite parties.

3. The petition of the Learned Additional Chief Metropolitan Magistrate at Calcutta:

    “(a) The accused nos. 2 to 5 are the Directors and Officers of the accused no. 1/Company, who at the time of offence was committed, were and are in charge of and were responsible to the accused no. 1/Company, for the day to day conduct of the business of the accused no. 1/Company. The said accused nos. 2 to 5 were in charge of management of the day to day affairs of the accused no. 1/Company and are controlling the affairs of the accused no. 1/Company. The accused no. 1/Company is being controlled and managed by the accused nos. 2 to 5.

(b) At the request of the accused persons and in usual course of business the complainant allowed and/or accorded the bill discounting

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