Md. Mumtaz Khan, J. - (1.) The instant revision has been preferred by the petitioner/complainant under Section 482 read with Section 401 of the Code of Criminal Procedure praying for quashing/setting aside the order dated December 9, 2016 passed by the learned Additional Chief Judicial Magistrate at Bidhan Nagar in case No. C/38 of 2015 under Section 138 of the NI Act thereby acquitting as also discharging the accused under Section 256 read with Section 204 (4) of Cr.P.C.
(2.) On January 19, 2012 petitioner filed a complaint under Section 136 of NI Act against the opposite parties before the learned Chief Metropolitan Magistrate at Calcutta which was registered as C/29757/2012 but subsequently it was returned back to the complainant as per order of the Hon'ble Apex Court. Thereafter, it was filed before the learned Additional Chief Judicial Magistrate, Bidhannagar and was registered as C-38/2015. In that complaint it was alleged that the petitioner as per order of the opposite parties, supplied certain materials and raised bill and the opposite parties in discharge of their existing liabilities issued cheques. But those cheques on being presented in the bank for encashment returned back with the endorsement "funds insufficient". Accordingly, a demand notice was issued to the opposite parties but the opposite parties in spite of receipt of the same did not make any payment and thereby committed an offence punishable under Section138 of NI Act.
(3.) Learned Magistrate after taking cognizance of the offence and after examining the complainant on S.A. found prima facie case under Section 138 of the NI Act against the opposite parties and accordingly, directed for issuance of process upon the opposite parties with the direction upon the petitioner (complainant) to furnish the requisites. Thereafter, when the complainant did not comply the said direction and no steps was taken, petitioner (complainant) was directed to show cause. But even then when no steps was taken by the complainant, learned Magistrate passed the impugned order.;