- (1.) Since in both the aforesaid criminal revisions, a common question of law arises for decision, the same were taken up for hearing together. Against the petitioners, two separate criminal cases relating to the offence punishable under Section 138 of the Negotiable Instruments Act were instituted on complaints at the behest of the opposite party.
(2.) The petitioners have now, approached this Court for quashing of the said complaint cases on the sole ground, although the payee was Freight Systems (India) Private Limited but the petition of complaint has been filed describing the complainant as Freight Systems (India) Limited.
(3.) Appearing in support of this application, Mr. Jay Sengupta, Learned Counsel for the petitioners, vehemently contended that only the payee can lodge a complaint under Section 138 of the Negotiable Instruments Act and none else. Therefore, the impugned complaints being not in accordance with law is liable to be quashed. On the other hand, both the Learned Counsels appearing on behalf of the complainant/opposite party as well as the State vehemently opposed the prayer for quashing and submitted the mistake, if any, is a clerical mistake and purely bona fide. According to them this mistake cannot be the ground for quashing of a complaint which is otherwise tenable in law.;