Debi Prosad Dey, J. - (1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the proceeding being complaint case no. CS/63257 of 2016 under Section 138/141 of the Negotiable Instrument Act, 1881 as well as of orders passed in connection with said proceeding pending in the Court of learned 29th Metropolitan Magistrate Court, Calcutta. Be it mentioned here that CRR No.2682 of 2016 and CRR No. 2685 of 2016 have been filed by the self-same petitioners for quashing the complaint case no. CS/63261/16 and CS/63260/16. The parties in all the three CRRs are same and almost same argument has been advanced by learned Advocates for both the parties and that is why all the matters have taken up together for disposal.
(2.) The factual matrix of the case under reference may be stated herein below:-
(3.) On the basis of a petition of complaint filed by one M/s. JMS Mining Services Private Limited, formerly known as M/s. JMS Mining Services Private Limited having its office in 27, Shakespeare Sarani, Kolkata -700017 represented by its authorized representative Shri Ganesh Gupta (herein after referred to as complainant/opposite party) the complaint case no. CS/63257/16 initiated against the present petitioners for commission of alleged offences punishable under Section 138/141 of the Negotiable Instrument Act, 1881. Learned Magistrate took cognizance of the said petition of complaint and after examination of the authorized representative under Section 200 of the Code of Criminal Procedure issued summons against the present petitioners for answering charges under Section 138 and 141 of the Negotiable Instrument Act, 1881.;