- (1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking for setting aside the impugned order dated 10th December, 2014 passed by the Learned Metropolitan Magistrate, 8th Court, Calcutta in Complaint Case No.C/2846 of 2009 rejecting the petition dated 18.11.2014 filed by the present petitioner praying for dropping of the case.
(2.) The aforesaid case being Case No.C/2846 of 2009 was filed for offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the Act). The allegation is that the accused/petitioner purchased Gold ornaments worth Rs.97,610/- on consideration of 3 (three) cheques being Cheque No.879824 of Rs.37,610/- dated 12.05.2009, Cheque No.879826 of Rs.30,000/- dated 12.06.2009 and Cheque No.879825 of Rs.30,000/- dated 12.07.2009 drawn on State Bank of India, Grey Street Extn. Branch under Police Station Maniktala, Kolkata-700004. When the cheques were presented for encashment those were dishonoured due to insufficiency of funds. Even after issuance of statutory notice, there was no payment. In such circumstances, the aforesaid case was filed before the Learned Additional Chief Metropolitan Magistrate, Calcutta.
(3.) I have heard Mr. Vijay Nand Misra, Learned Advocate appearing for the petitioner. I have also perused all the available materials on record including the impugned order with meticulous care.;