- (1.) This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure filed at the instance of the accused petitioner seeking to set aside the impugned order dated February 28, 2001 passed by the Learned Metropolitan Magistrate, 3rd Court, Calcutta in connection with Case No. C-1448 of 1999 and/or for quashing of the aforesaid proceeding.
(2.) The short facts leading to the filing of the present application are as follows :- Complainant Opposite Party No. 1 filed a petition of complaint against the present petitioner for an alleged offence under Section 138 of the Negotiable Instruments Act, 1881 as amended (hereinafter referred to as the N.I. Act,) before the Court of the Learned Metropolitan Magistrate, 3rd Court, Calcutta and the said application was registered as C-1448 of 1999 under Section 138 of the N.I. Act.
(3.) It was alleged in the petition of complaint that the complainant was the Assistant Officer, Cement Division of the Tata Iron and Steel Company Limited (hereinafter referred to as the "company') was carrying on its business of manufacturing and marketing its various products in India and abroad. The accused was the proprietor of M/s. Munshi Hardware of Palsunda, Nadia and dealing in business of cement having his shop/office at the said place.;