CALCUTTA HIGH COURT
Not mentioned, J
Display Service Prop. Co-op. Pvt. Ltd. and Others v. State of West Bengal
1. Pursuant to the direction of this Court, publication was effected on 30/11/2013.
2. Affidavit - of - service be kept with the record.
3. Inspite of such publication, nobody appears for the opposite party.
4. Order dated 18/12/2012 passed in Case No. C - 13912/2012 by the learned Metropolitan Magistrate, 17th Court at Calcutta dismissing the petition of complaint under S.138 of the Negotiable Instruments Act , 1881 has been challenged.
5. It appears that the petition of complaint was filed against the opposite parties / accused persons in respect of dishonour of six (6) cheques issued by it which upon presentation were returned unpaid with "55 Account Blocked (Situation Covered in 21-25)".
6. Upon dishonour, notice under S.138(b) of the Negotiable Instruments Act , 1881 was sent but inspite of notice the said amount remained unpaid.
7. The learned Magistrate by the impugned order dated 18/12/2012 dismissed the petition of complaint on the premise that there was no clarity whether the cheques were returned unpaid due to insufficiency of funds.
8. The learned counsel appearing for the petitioners submitted that the materials on record clearly show that the account was blocked and
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