ASHIM KUMAR ROY, J. - (1.) A complaint relating to an offence punishable under Sections 138/141 the Negotiable Instruments Act was filed in the Court below against the present petitioners for alleged dishonour of six cheques covering a total sum of Rs. 95,328/-. In connection with the said case, in response to the summons the accused persons, who are the residents of Orissa, filed an application under Section 205 of the Code of Criminal Procedure, seeking exemption from their personal appearance in Court during the day-to-day proceedings of their case as well as an application under Section 305 of the Code of Criminal Procedure, for representing the accused company by an advocate. However, on the date fixed for hearing of these applications, since no step was taken, the Learned Magistrate summarily rejected both the said applications and directed issuance of bailable warrant of arrest against the petitioner nos. 2 to 4 as well as passed an order of attachment, hence, this criminal revision.
(2.) IT may be noted in this criminal revision, apart from challenging the legality and validity of the aforesaid order, the petitioners had also sought for quashing of the entire proceedings on the ground the entire cheque amount had been refunded to the complainant before the cause of action arose and as such there is no legally enforceable debt or liability and in spite thereof the criminal case in question was instituted out of mala fide. Heard the Learned Counsels appearing on behalf of the petitioners as well as on behalf of the opposite party no. 2, the complainant of the case Considered their respective submissions as well as the materials on record.
(3.) THE claim of the petitioners that before the cause of action arose over the dishonour of the cheque in question, the entire cheque amount was re funded to the complainant is a pure question of fact and essentially his defence and the same cannot be gone into at this stage before the commencement of the trial and recording of evidence. Thus, the question of quashing of the impugned complaint on the aforesaid ground does not at all arise. Accordingly the petitioners' prayer for quashing stands rejected.;