S.B.Sinha, J. - (1.) LEAVE granted.
(2.) THE appellant herein filed a complaint petition in the court of Chief Judicial Magistrate, Birbhum at Suri being CC No. 339 of 2004 alleging inter alia therein that several cheques of diverse sums issued by the respondent herein had been dishonoured, and, thus, they committed an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'the Act'). The appellant herein entered into a contract with the respondent no. 1 herein (Company) for supply of stone chips. The company used to hand over post-dated cheques to the appellant towards the price of stone chips as also transport, handling, postage and other charges. The Company had issued six cheques of the following description in favour of the appellant: JUDGEMENT_80_JT3_2006Html1.htm The aforementioned cheques were deposited with "Mayurakhi Gramin Bank" Suri branch but they were returned by the Banker stating "full cover not received". A demand notice was sent by the appellant demanding payment of the said cheque to the respondent in September, 2004. Out of the aforementioned sum of Rs. 35,48,640/- a sum of Rs. 5,33,795/- was paid by respondent no. 4 on or about 15.9.2004. The appellant alleged that a sum of Rs. 30,14,845/- is still due and owing to him from the respondents. The respondents admit the claim of the appellant. They are said to have assured him that the rest of the amount shall be paid, but the same has not been done.
(3.) THE appellant on the aforementioned allegations filed a complaint petition in the court of Chief Judicial Magistrate, Birbhum at Suri which was registered as CC No 339 of 2004. By an order dated 10.11.2004 the Chief Judicial Magistrate upon examining' the appellant on oath took cognizance of the said offence stating. " Hd Considered Cog Is taken Examined the complainant Musaraf Hossain on S/A A Prima facie case has been made out against the accused persons under Section 138 N.I Act Issue summons upon the accused Persons at once To 3/2/05 for S/R and appear" The respondents allegedly received the summons sent to them at Kolaghat. Midnapore, West Bengal.;