PRASANTA AGARWAL Vs. S K ROY
LAWS(CAL)-1996-8-20
HIGH COURT OF CALCUTTA
Decided on August 26,1996

PRASANTA AGARWAL Appellant
VERSUS
S K ROY Respondents


Referred Judgements :-

BIPIN SHANTILAL PANCHAL VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)THIS an application under section 482, Cr. P. C. made with a view to quash the complaint case No. 81 of 1992 pending before the chief Judicial Magistrate, Alipore under section 138, Negotiable Instruments Act (hereinafter referred to as the N. I. Act.)
(2.)THE petitioner was one of the partners of M/s. S. P. Electronics having its registered office at V. I. P. Road, Calcutta. After the said firm was dissolved on 31st March, 1990, the petitioner runs the same as a proprietary concern. On 7th February, 1992 the opposite party No. 1 in his official capacity filed a complaint against the petitioner, the other partner as also the firm itself alleging commission of offence under section 138 of the Negotiable Instruments Act. It was alleged in that complaint that the petitioner and his partner placed orders for supply of some. T. V. Parts on different dates with the complainant's company and the Company effected delivery of the said parts on different dates in between 8th October, 1990 and 7th February, 1991 under 3 invoices as mentioned in the petition of complaint. The petitioner and his partner issued three cheques of different dates, namely 3. 10. 1991, 28. 10. 1991 and 21. 10. 1991 for different sums. The complainant's company presented those cheques with their banker, namely M/s. Punjab National Bank, Ballygunge Branch, but all the cheques were returned to the complainant's company, after they were dishonoured. In one case, the dishonour was on the ground that the payment was stopped by the drawer. In two other cases, the cause is that the cheques exceeded the arrangement. The complainant sent a notice within the statutory period but as no payment was made, the case was started. The cheques were presented through M/s. Punjab National Bank, ballygunge Branch situated at Gariahat Road and hence the compliant was filed before the Chief Judicial Magistrate, Alipore.
(3.)IT is the contention of the petitioner that the entire proceeding initiated and pending before the Trial Court is void ab initio. The petitioner's case is that as per the arrangement, he was asked to issue three post-dated cheques as security towards the value of the consignments for the articles to be supplied in future and as such the cheques were issued not for the purpose of discharge of any debt or liability incurred by the petitioner. It is also the petitioner's case that the dates of some of the cheques were subsequently altered at the instance of the opposite party No. 1 since the complainant's Company failed to effect the supply of consignments as per order of the said firm within the specified period.
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