SHIVAKANT PRASAD, J. - (1.) The order dated 06.12.2013 passed by the Additional Chief Judicial Magistrate, Diamond Harbour in C - 485 of 2007 in a proceeding under Section 138 of the Negotiable Instrument Act is under challenge in this application.
(2.) The complaint case No. C -485 of 2007 was initiated at the instance of Atiar Daptary, Proprietor of Daptary Trading Company, Diamond Harbour Road, Sarisha, 24 -Parganas South (hereinafter referred as complainant) alleging commission of offence punishable under Section 138 of the Negotiable Instrument Act. It is alleged that to discharge the existing liability a Cheque bearing No. 300010 dated 07.12.2006 was issued in the name of the complainant company by the petitioner on behalf of the firm of the petitioner. The said Cheque was drawn on UCO Bank, 562 G.T. Road (South), Howrah and was duly deposited by the complainant in UCO Bank Ltd., Diamond Harbour Branch for encashment but the same was not honoured. So, a notice dated 22.5.2007 was issued demanding payment which was received by the petitioner on 28.5.2007 but of no effect.
(3.) The petition of complaint was filed on 11.7.2007 before the learned Additional Chief Judicial Magistrate, Diamond Harbour. The learned Magistrate took cognizance. On September 23, 2008 the petitioner surrendered before the learned Court and obtained bail.;