- (1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner has moved this Court for quashing of a proceeding under Section 138 of the Negotiable Instruments Act.
(2.) Heard Mr. Pradip Kumar Roy, learned advocate appearing for the petitioner. Considered the materials on record.
(3.) In support of prayer for quashing. Mr. Roy urged the following points; (a) The impugned complaint was filed beyond the prescribed period of limitation. (b) The complaint has been filed suppressing the material facts. (c) In the petition of complaint it was not mentioned on which date the accused persons received the notice, nor there was any mention how payment was made and the name of the witnesses in whose presence the transaction was held. (d) The complainant has not been able to prove that there was any legally enforceable debt or liability in discharge of which the cheque has been issued. (e) The petitioner has no liability to make payment against the cheque in question. (f) The cheque was taken forcibly from the petitioner. (g) No document has been filed along with the petition of complaint to show that there was any legally enforceable debt.;