JOYMALYA BAGCHI, J. - (1.) C.R.R. 2306 of 2015 and C.R.R. 2307 of 2015 are taken up together.
(2.) Proceedings in C.R. 854 of 2010 and C.R. 853 of 2010 pending in the court of the learned Judicial Magistrate, 5th Court at Paschim Medinipur under Sections 138/141 of the Negotiable Instruments Act, 1881 have been assailed on the plea that the notice issued under Section 138(b) of the Negotiable Instruments Act, 1881 was defective in law.
(3.) The factual matrix giving rise to the impugned prosecutions are to the effect cheques were drawn by the petitioner company through its director/authorized signatory, Vijay Kumar Kanoria. The cheques upon being presented for payment were returned unpaid with the endorsement "insufficient fund in your account". Thereupon the opposite party issued notices under Section 138(b) addressing it to Vijay Kumar Kanoria, son of Govind Prosad Kanoria, authorised signatory of Gena Marketing Pvt. Ltd. at the registered office of the company In spite of receipt of such notices, no payment was made and the impugned prosecutions were lodged. For the sake of adjudication, one of such notices sent under Section 138(b) of the Negotiable Instruments Act, 1881 is set out herein below : - Date : 26.07.2010 To Sri Vijoy Kumar Kanoria Son of Govind Prosad Kanoria Authroised signatory of Gena Marketing Pvt. Ltd. 27A, Waterloo Street Kolkata ­ 700 069. Sub: Dishonour of cheque bearing cheque no. 272223 of State Bank of India, Esplanade, 9B, Esplanade Row Street, Calcutta, West Bengal ­ 700 069 dated 30.6.2010 amounting to Rs. 3,50,00,000/ - My Client : Somnath Guin son of Sri Jamini Kanta Guin, Rajmata Bhawan, Burrabazar, Medinipur Town, District : Pachim Medinipur. Sir, "Under instructions from and on behalf of my client above named, this is to inform you that the cheque amounting to Rs. 3,50,00,000/ - under reference has been deposited by my client to his Banker, Axis Bank Ltd., Kharagpur Branch on 8.7.2010, however, my client's banker through the letter dated 12th July, 2010 as served upon my client informed him that the said cheque has been dishonoured due to 'insufficient fund in your account'. By this notice/letter I do hereby request you to make payment of the said amount of Rs. 3,50,00,000/ - to my client within 15 (fifteen) days from the date of receipt of the instant notice/letter, failing which my client may be compelled to take appropriate steps under the provisions of law against you before the appropriate forum without any further reference to you." Thanking you, Yours faithfully, (Pingal Bhattaharyya) Advocate ;