- (1.) The Petitioner invoking Section 482 of the Code of Criminal Procedure challenged his prosecution under Section 138 of the Negotiable Instruments Act and sought for quashing of the same.
(2.) Mr. Ayan Bhattacharjee, learned advocate appearing on behalf of the Petitioner contended as follows; (a) The Court of the Learned Chief Judicial Magistrate, Alipore, 24-Parganas (South) where the aforesaid criminal proceeding is pending against the Petitioner is lacking of jurisdiction as no part of cause of action arose within its territorial limit. (b) The payee of the cheque Creative Construction, a partnership firm, tiled the complaint being represented by one of its partner Debashis Mukherjee and after his retirement as there is no legal scope to substitute him the impugned proceeding instituted at his instance stands abated. (c) In view of specific bar contained in Section 326(3) of the Code of Criminal Procedure, the Learned Magistrate has no jurisdiction to proceed against the Petitioner on the basis of the evidence recorded by his predecessors in office.
(3.) Mr. Bhattacharjee in support of his contention relied on a decision of the Hon'ble Supreme Court in the case ofHarmon Electronics Private Limited and Anr. v. National Panasonic India Private Limited, 2009 1 SCC 610 .;