IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE C.R.R. 77 of 2022 Chandi Prasad Poddar Vs.

Pacmart Packaging (India) Pvt. Ltd.

For the Petitioner : Mr. Sachit Talukdar Mr. Tirtharaj Ghosal For the Opposite Party : Mr. Meghnad Dutta Mr. A. Sinha Heard on : 10.01.2025 Judgment on : 27.01.2025 Dr. Ajoy Kumar Mukherjee , J.:

1. The petitioner herein has been arraigned as an accused in a proceeding initiated under section 138 read with section 141 of the Negotiable Instrument Act (In short N.I. Act) being CS/27101/2021. Ld. Court below issued process against the petitioner and five other accused persons vide its order dated 23rd August, 2021.

2. Being aggrieved by the said criminal proceeding the petitioner approached before this Court for quashing the same mainly on two broad grounds (a) The petitioner had resigned prior to the issuance of the cheque and he is also not the signatory of the cheque, nor he was associated with the affairs of the accused company at the time of issuance of cheque and as such he cannot be held liable for the acts of the company subsequent to his resignation.

(b) The role played by