- (1.) O. P. M/s. R. Piyarelall Iron & Steel Pvt. Ltd. lodged a complaint under Section 138/141 of the Negotiable Instruments Act, 1881 against M/s. Fair Deal Supplies Ltd. and three others including the present petitioner being case No. C/15887 of 2011. Learned trial court i.e., Metropolitan Magistrate 17th Court, Calcutta initially issued summons against all the accused persons for facing trial under Section 138/141 of the Act of 1881.
(2.) One of the accused persons namely Pawan Kumar Agarwal (accused No.4 in the complaint) moved a criminal revision being CRR No.689 of 2013 alleging that learned court below issued the summon against him without making necessary inquiry under Section 202 Cr. P. C. though he was residing outside the territorial jurisdiction of said Court. This court was pleased to pass a consent order directing the court below to pass a fresh order within one month after holding inquiry within the ambit of Section 202 Cr. P. C. Accordingly, learned court below by an order dated 20th May, 2013 discharged all the accused persons of said case and directed O.C. Park Street P. S. to cause the investigation under Section 202 Cr. P. C. In terms of said order dated 20th May, 2013 of the learned trial court S. I. Jayanta Ghosh of Park Street P. S. submitted a report after making necessary investigation under Section 202 Cr. P. C. It was accepted by the learned court below who issued fresh process against all the accused persons under Section 138 /141 N. I. Act vide order dated 30.10.2013. One of the accused persons namely Pawan Kumar Agarwal (accused No.4) again moved this court through CRR No.3961 of 2013 alleging that inquiry was not conducted according to law and that without making any inquiry police submitted report and that during said inquiry police did not take any step to ascertain whether the allegations made in the complaint against said petitioner being managing director of the company were correct or not and that the order of issuance of process should be quashed. This court rejected said revisional application by an order dated 15th of January, 2014.
(3.) Now, the present petitioner (accused No.3) has filed this application under Section 397/401 read with Section 482 Cr. P. C., 1973 challenging the same order of issuance of summon on the basis of investigation held by police under Section 202 Cr. P. C. vide order dated 30th of October, 2013.;