Nure Alam Chowdhury, J. - (1.) This revisional application on behalf of the petitioners is directed for quashing of the proceeding being case No. C/2027/96 now pending before the learned Chief Judicial Magistrate, Alipore, 24-Parganas (South), in which cognizance has been taken and summons issued against the petitioners under Sections 138/141 of the N. I. Act.
(2.) The case arose on a written complaint filed by the authorized representative of the opposite party Sanderson Siam Vidhya Limited in the Court of the learned Chief Judicial Magistrate at Alipore alleging inter alia that the petitioner No. 1 before this Court is the Director and Principal Officer of the petitioner No. 2 M/s. Asia Television Network Ltd. and on mutual settlement of their accounts with the complainant-company executed a Memorandum of Understanding on or about 3.6.96 wherein the petitioners admitted their liability for a sum of Rs. 10,61,952/- as on the said date and in purported discharge of their aforesaid liability the petitioner No. 1, drew two cheques in favour of the complainant-company but both the cheques were dishonoured.
(3.) There is no dispute that the petitioner No. 1 herein issued two cheques signed by him drawn on State Bank of India, Nariman Point Branch, Mumbai, bearing Nos. 599664 dated 1.8.96 and 899665 dated 1.9.96 for Rs. 2,50,000/- and 3,02,416/- respectively in favour of the complainant-company and both the cheques were duly presented before the Bank for encashment but both the cheques were returned back being dishonoured by the Banker of the petitioners herein with the remarks "Refer to drawer". All the provisions for taking cognizance appear to be complied within this case.;