SANKAR ACHARYYA,J. - (1.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by sole petitioner Kasi Nath Sadhukhan has been filed against the State of West Bengal and Madhusudan Sen as respondents for quashing of the proceeding arising out of the provisions under Section 138 of the Negotiable Instruments Act, registered as C. No. 27/13 pending in the Second Court of the learned Judicial Magistrate, Barrackpore, North 24 Parganas.
(2.) Contending inter alia, the petitioner has contended that a complaint has been filed against him is neither supported by affidavit nor supported by verification and on that count the complaint is bad in law and that learned Court below ought to have considered that the petitioner does not know Madhusudan Sen and he did not issue the impugned cheques in his favour and that the learned Magistrate did not consider the pendency and initiation of earlier criminal proceedings being M.P. Case No. 1004 of 2012, Titagarh P.S. Case No 476 dated 14.08.2012 under Sections 420/467/468/471/506/34 of the Indian Penal Code and Civil Suit being No. T.S. 864 of 2011 relating to the same cheques in question. Therefore, according to the present application the taking of cognisance of the offence punishable under Section 138 of the Negotiable Instruments Act and issuing process under Section 204 of the Code of Criminal Procedure, 1973 is bad in law and liable to be quashed.
(3.) In the application the petitioner has claimed that he never issued any cheque in favour of the respondent No. 2 Madhusudan Sen as there was never any monetary transaction between them and the complainant was never known to him. He has described how the impugned cheques were procured by one Sibangshu Chakraborty practising fraud on him. He has annexed a series of copies of documents including copy of order sheet of C. Case No. 27 of 2013 and certified copy of the petition of complaint of that case.;