Sanjib Banerjee, J. - (1.) On July 7, 2017 the matter was mentioned on the ground of extreme urgency and, contrary to the present practice of not taking up unlisted matters since such procedure has been particularly abused in this court, the petitioner was given leave to move the matter unlisted, subject to serving notice on the opposite party.
(2.) An order was made on July 7, 2017 recording that a cheque for Rs.15,47,282/- had been made over on behalf of the petitioner to Advocate for the opposite party in court. To boot, the order also recorded an undertaking of the petitioner, who was present in court, that the cheque would be encashed upon its presentation on the following day. At the instance of the court, the consequence of the breach of an undertaking given to court was explained to the petitioner and recorded as such in the relevant order.
(3.) The cheque for the amount in excess of Rs.15 lakh was dishonoured upon presentation on the following day on the ground of insufficiency of funds in the relevant account.;