JUDGMENT :

(Shampa Dutt (Paul), J.)

1. The present revision has been preferred praying for quashing of the proceedings as against the petitioner of complaint Case No. C-0075104 of 2016 (previously numbered as 4696 of 2012) under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 as amended pending before the learned Metropolitan Magistrate 19th Court at Calcutta and order dated 01.07.2016 and order dated 18.01.2017 passed by the learned Metropolitan Magistrate 19th Court at Calcutta in Complaint Case No. C-0075104 of 2016 (previously numbered as 4696 of 2012).

2. The petitioner’s case is that a complaint was initiated under Sections 138/141 of the Negotiable Instruments Act, 1881 by the opposite party against the petitioners.

3. In spite of service the opposite parties are not represented.

4. Mr. Dhiraj Trivedi, learned counsel has represented the petitioners.

5. On hearing Mr. Trivedi and on perusal of the materials on record, the following facts are before this Court:-

i. Initially the proceedings was numbered as C-4696/12.

ii. Vide order dated 17.03.2012, on inquiry the learned Metropolitan Magistrate, 5th Court, Calcutta, held as follows:-

“However at the time of