Debiprasad Sengupta, J. - (1.) This is an application for quashing of a proceeding being complaint case No. C/1629 of 1996 pending in the Court of learned Metropolitan Magistrate, 12th Court, Calcutta under Sections 138/141 of the Negotiable Instruments Act, 1881.
(2.) The aforesaid proceeding was initiated on the basis of a petition of complaint filed by the complainant/opposite party. The allegations made in the petition of complaint is that the accused-petitioner approached the complainant/opposite party's company for corporate loan and promised to repay the same within a stipulated period and in that perspective issued a cheque bearing No. 594544 dated 16.7.96 for Rs. 30 lakhs drawn on Bank of India, Jawaharlal Nehru Road Branch, Calcutta. Before the said cheque was due to be presented for encashment the accused - petitioner gave a letter containing some false and frivolous story with the fraudulent intention to cheat the complainant. The complainant thereafter, presented the said cheque for encashment within its validity period to their Banker, but the said cheque was dishonoured on 15.7.96 with the remark "payment stopped by the drawer". The complainant served a demand notice upon the accused-petitioner on 22.7.96 demanding the payment of the cheque amount being Rs. 30 Lakhs within a period of 15 days from the date of receipt of the said noticg. Such demand notice was received by the accused-petitioner on 23.7.96. But, the accused failed to make the payment of the cheque amount within the stipulated period of 15 days. It was further alleged in the petition of complaint that the accused-petitioner issued the cheque in discharge of their existing liabilities and the said cheque being presented for encashment was dishonoured by the Bank. So, the accused persons have committed an offence under Section 138 read with Section 141 of the Negotiable Instruments Act.
(3.) Mr. Sekhar Basu, learned Advocate appearing for the petitioner submits that the accused-petitioner was carrying on transactions with the complainant/opposite party and as such certain cheques were issued to them and the same is the subject- matter of a suit pending before this Court.;