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CALCUTTA HIGH COURT
Bibhas Ranjan De, J
Yubaraj Choudhury – Appellant
Versus
The State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash pending proceedings. (Para 1 , 2) |
| 2. contrasting arguments on notice service. (Para 3 , 4 , 5 , 6) |
| 3. issues regarding notice and company arraignment. (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal mandates for company’s participation. (Para 13 , 14 , 15) |
| 5. proceedings quashed due to legal flaws. (Para 16 , 17 , 18) |
Heard On :28.07.2025 Judgment On :02.08.2025 Bibhas Ranjan De, J. :
1. This is an application under Section 528 read with Section
442 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (herein after referred to as BNSS ) wherein the petitioner has prayed for quashing of the proceeding being C.R. Case No. 364 of 2023 presently pending before the Court of Ld. Judicial Magistrate, 2nd Court, Jalpaiguri.
Brief Backdrop:-
2. The petitioner being one of the Directors of a private limited company namely Solution Dinen Hospitality Services Private Limited had a business relation with the opposite party no. 2/company and in course of such business transaction the petitioner had issued a cheque dated 20.11.2022 in favour of the opposite party no. 2 amounting to Rs. 2,37,381/- but the said cheque was dishonored by the banker of the petitioner i.e. Unio
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