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2025 Supreme(Online)(Cal) 7059

CALCUTTA HIGH COURT
KALPANA DUTTA – Appellant
Versus
M/S SREI EQUIPMENT FINANCE PRIVATE LIMITED & ANR – Respondent


IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

APPELLATE SIDE

PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE

CRR 3522 of 2019

Kalpana Dutta

Vs.

M/S. Srei Equipment Finance Private Ltd. & Anr.

For the petitioner : Ms. Torsha Min Bahar

For the opposite party : Mr. Sachit Talukdar

Mr. Sachin Singh

Mr. Tirtharaj ghosal

Heard on : 21.08.2025 Judgment on : 27.11.2025

Dr. Ajoy Kumar Mukherjee, J.

1. The criminal proceeding being Case no. CS/407394/14 under section 138 read with section 141 of the Negotiable Instrument Act 1881, (in short

N.I. Act) has been assailed by the petitioner herein.

2. The allegation levelled in the complaint is that MS Karunamoyee Construction Pvt. Ltd. entered into a loan cum hypothecation agreement with the opposite party no.1 M/S Srei Equipment Infrastructure Finance Pvt. Ltd and to discharge part debts and/or liabilities against the said

agreement, the company issued three cheques drawn on Bank of Baroda through its directors in favour of opposite party no.1. It is further alleged that said cheques were deposited for encashment within the validity period but the cheques were dishonoured on the ground ‘fund insufficient and payment stopped by the drawer’

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