D.Sengupta, J. - (1.) -This revisional application is for quashing of a proceeding being case No. C-41 of 1993 under section 138 of the Negotiable Instruments Act.
(2.) The opposite party No.2 filed a petition of complaint before the Additional Chief Metropolitan Magistrate, Calcutta alleging commission of an offence under section 138 of the N.I. Act against the present petitioners. It was alleged in the said complaint that the accused/petitioner No.2 issued a cheque bearing No. 156276 dated 10.2.92 for Rs. 7,75,000/- drawn on State Bank of India, Vatva I.E. Ahmedabad. The said cheque was presented for encashment by the complainant with State Bank of India, Baghbazar, Calcutta. The said cheque was dishonored by the Bank, which by its debit memo dated 25.11.92 informed the petitioner that the said cheque was returned unpaid for the reason of "Insufficient Funds". The complainant/o.p. No.2 issued a demand notice on 2.12.92, which was received by the accused petitioner on 10.12.92. On failure to make the payment by the accused within the stipulated period of 15 days the petition of complaint was filed.
(3.) On receipt of the said complaint the learned Magistrate took cognizance of the offence by an order-dated 22.1.93.;