- (1.) Seeking quashing of complaint case no. 11483 of 2013, now pending before the Metropolitan Magistrate, 15th Court, Calcutta, the petitioner has approached this court.
(2.) The sole ground on which quashing has been sought for is this, while the complaint case was filed for dishonour of a cheque amounting to Rs. 4,71,625/ - simultaneously, a company petition being C.P. 448 of 2013 under section 433/434 of the Companies Act has been filed for winding up of the company for realization of the said amount and a Division Bench of the Hon'ble High Court in an appeal directed the petitioner to deposit a sum of Rs. 5 lakhs with the Registrar, Original Side, Calcutta in five equally monthly instalments.
(3.) It be noted that on the same contention before the court below, an application for discharge was filed by the petitioner but the court below has rejected the same.;