- (1.)This is an application under Section 401 and under Section 482 of the Code of Criminal Procedure filed by the petitioner/accused seeking to quash the criminal proceeding being Case No. C/15/2003 under Section 138 of the Negotiable Instruments Act pending in the Court of the Additional Chief Judicial Magistrate, Sealdah and also for setting aside the order dated 6.3.2003 passed therein condoning the delay under Section 5 of the Limitation Act. The petitioner/accused together being aggrieved by the order dated 16.4.03 for non-consideration of the petitioner No. 2's application under Section 205 of the Code of Criminal Procedure.
(2.)In short the background of the complaint case may be stated as follows :-
(3.)M/s Ruia Chemicals Pvt. Ltd., (hereinafter referred as O.P. No. 1) lodged a complaint as numbered aforesaid against the petitioner on the grounds that the accused Company issued one A/C. payee cheque being No. 031287 dated 15.7.02 for Rs.5,00,000/- drawn in favour of Central Bank of India, Belghoria Branch, duly signed by the accused/petitioner No. 2 as the proprietor in discharge of their liabilities to the Opposite Party No. 1. The said cheque was duly presented to the O.P. No. 1's banker, United Bank of India, Tivoli Park Branch, Kolkata on 31.10.2002 for collection but the same was dishonoured with erl endorsement "refer to drawer" and the Opposite Party No. 1 was informed by bank's memo on 5.11.02.
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