- (1.) ALL the aforesaid three criminal revisional applications were taken up for hearing not only because the contesting parties were same but quashing of proceedings relating to the offences punishable under section 138/141 of the N.I. Act has been sought for on identical question of law and are disposed of by this judgment. Three separate case relating to the offences punishable under section 138/141 of the N.I. Act has been instituted against the petitioner at the behest of the opposite party. Those are complaint case no. C/12254/13 pending before the Metropolitan Magistrate, 12th Court, Calcutta, complaint case no. C/28975/13 pending before the Metropolitan Magistrate, 17th Court, Calcutta and the complaint case no. C/6918/13 pending before the Metropolitan Magistrate, 7th Court, Calcutta.
(2.) THE quashing of the aforesaid three criminal cases has been prayed for, on the ground that there was no sufficient averment to prosecute the petitioner with the aid of section 141 of the N.I. Act for an offence punishable under section 138 of the said Act, who was neither a whole time executive director nor the signatory of the cheques involved and had no connection with the issuance of the said cheques. Heard the learned advocate appearing on behalf of the parties, perused the petition of complaints, considered their respective submissions and the decisions of the Apex Court they have relied on.
(3.) IT is not disputed by the counsel of the complainant/opposite party that the petitioner was not the signatory of the chques dishonoured.;