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CALCUTTA HIGH COURT
Not mentioned, J
Display Service Prop. Co-op. Pvt. Ltd. and Others v. State of West Bengal
| Table of Content |
|---|
| 1. challenge to dismissal of cheque dishonor complaint. (Para 4 , 5 , 6) |
| 2. interpretation of cheque dishonor due to account blockage. (Para 8 , 9 , 10) |
| 3. importance of legislative intent in judicial interpretation. (Para 11 , 12 , 13) |
| 4. court's view on necessity for further inquiry in dishonor cases. (Para 14 , 15) |
| 5. court's decision to set aside previous order and allow application. (Para 16 , 17 , 18) |
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
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