Arunabha Basu, J. - (1.) The revisional application under section 482 of the Code of Criminal Procedure is directed to quash the proceeding in connection with the Complaint Case No. 5242/2002 under section 138 read with section 141 of the Negotiable Instruments Act, 1881, now pending before the Court of learned Metropolitan Magistrate, XIII, Court, Calcutta.
(2.) Petitioner herein filed the applications before the learned Court below respectively dated 13.2.2004 and 24.12.2003 praying for discharge from this case only on the ground that they paid the entire amount involved in the cheques dishonoured from the bank along with interest as per the order passed by the High Court, Calcutta and as such the petitioners should be absolved from the criminal liability. Learned Court below on consideration of the said prayer, by passing a reasoned order, was of the view that the criminal liability of the petitioner herein arises when the cheque issued by them was dishonoured from the bank and as such the subsequent payment may not have any bearing with the criminal case instituted against them.
(3.) On perusal of the petition of complaint lodged before the learned Chief Metropolitan Magistrate, it appears that the petitioners issued two cheques respectively bearing No. 154330 dated 30.10.2002 for an amount of Rs. 32,259.60 and cheque bearing No. 154333 dated 30.10.2002 for an amount of Rs. 64,519.20. It is narrated in the petition of complaint that the said cheques issued to discharge liability was presented before the bank but the cheques were returned by the banker with endorsement "exceeds arrangements".;