Shib Sadhan Sadhu, J. - (1.) This is an application filed by the present petitioner under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. PC for the sake of brevity) seeking quashment of the proceeding being complaint case No. C-260 of 2006 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) now pending before the Court of learned Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas.
(2.) The aforesaid case being case No. C-260 of 2006 was filed for offence under Section 138 of the Act. The allegation is that the accused/petitioner carries on business as M/s. Sourav Pradhan, C/o Sunil Pradhan, Kumarpur (Super Market), P.O Contai Super Market. P.s. Contai, District Purba Medinipur. The complainant had delivered various paddy seeds through challnas to the accused worth Rs.96,448/- and he issued two cheques being cheque Nos. 075263 and 013846 dated 04.08.2006 and 05.08.2006 respectively drawn on State Bank of India Contai Branch. When those 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 Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas.
(3.) I have heard Mr. Mritunjay Chatterjee, learned Counsel appearing for the petitioner and Mr. Prabir Adhya, learned Counsel appearing for the opposite party. I have also perused all the available materials on record including the impugned order and the cited decisions with meticulous care.;