- (1.) The petitioner, an accused in a case relating to the offence punishable under Section 138 of the Negotiable Instruments Act, now pending before the learned Metropolitan Magistrate, 12th Court, Calcutta has approached this Court seeking quashing of the said complaint.
(2.) Heard the learned Counsel appearing on behalf of the petitioner. Perused the instant criminal revisional application and grounds relied upon.
(3.) The learned Counsel of the petitioner in his submission before this Court only reiterated the grounds set out in the quashing application and same are as follows; (a) The petition of complaint was not filed within the stipulated period as prescribed under Section 142 of the N.I. Act. (b) No cause of action arose within the territorial limit of the Court below. (c) There is no material to prove that the cheques were issued in discharge of legally enforceable debt. (d) The loan agreement on which the complainant relied upon to show that the cheques were issued in discharge of legally enforceable debt has not been correctly considered by the Court below. (e) The loan amount, if any, was paid long back.;