- (1.) The challenge in this revisional application is to the order dated 28th March, 2006 passed by the learned Additional Chief Metropolitan Magistrate, Calcutta in case No. C-483/03 whereby the learned Magistrate decided to continue the prosecution against the petitioner, M/s. Sunraj Software Pvt. Ltd., and directed the complainant-opposite party for taking steps in the matter of prosecuting the Director of Createch Solution Ltd., who issued the cheque in question.
(2.) The opposite party, M/s. Adan Traders Pvt. Ltd., initiated a prosecution under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as the said Act ), against M/s. Sunraj Software Pvt. Ltd., petitioner herein, alleging that the petitioner company issued a cheque of Rs.7,00,000/- on 21.01.2003 in favour of the opposite party company in discharge of debt/liability, which was dishonoured for Payment stopped by the drawer . A legal demand notice dated 21.4.2003 was sent by the opposite party calling upon the petitioner to pay the cheque amount within 15th days from the date of receipt of the notice. The notice was sent under Registered Post with A/D. On 26.04.2003 the petitioner sent one reply to that notice acknowledging receipt of the demand notice and made some incorrect and misleading statements therein. Since the petitioner failed to pay the cheque amount within 15 days from the date of receipt of the demand notice, the prosecution was launched.
(3.) In the Trial Court, an application was taken out by the petitioner challenging the maintainability of the case against the company only. The learned Court by the impugned order dated 28.03.2006 came to the conclusion that the Director, who issued the cheque and was in-charge of the business of the petitioner company, was also liable to be prosecuted. So, the learned Trial Court directed the complainant, i.e., the opposite party herein, for taking steps so that the said Director can be made party to the case.;