- (1.) This Criminal Revisional Application under Section 482 of the Code of Criminal Procedure has been filed praying for quashing of the proceedings being Complaint Case no. 657 of 2002 pending before the Learned Metropolitan Magistrate, 6th Court, Calcutta under Sections 138 and 141 of the Negotiable Instruments Act, 1881 (for short The NI Act).
(2.) Heard Sri Bhattacharya, Learned Counsel for the petitioner and Sri Manna, Learned Counsel for the sole opposite party.
(3.) The brief facts of the case are as follows :- That the petitioner is the accused no.4 in a complaint lodged by the opposite party Bank on 15th February, 2002 before the Learned Chief Metropolitan Magistrate, Calcutta under Section 138 read with Section 141 of the NI Act. The Learned Magistrate took cognisance of the complaint and directed issuance of summons on 16th March, 2002. The primary contention of the petitioner is that no complaint could be lodged against her under the said provisions of the NI Act on the ground that she is not the drawer of the cheque. The petitioner states that neither did she issue any cheque on behalf of the accused no.1 company, Shamon Ispat Limited nor she was responsible for any decision connected with the issuance of such cheque on behalf of the said company.;