Calcutta High Court (Appellete Side)
Sri Biswajit Choudhury vs Sri Rakesh Samanta on 10 January, 2019
Author: Jay Sengupta
Bench: Jay Sengupta
1 5 10.01.2019 C.R.R. 3205 of 2018 SB Court 29 Sri Biswajit Choudhury Vs. Sri Rakesh Samanta Mr. Masud Mallik ... For the petitioner This is an application for quashing of a proceeding under section 138 of the Negotiable Instruments Act. The learned advocate appearing on behalf of the petitioner submits that the cheque in question was dishonoured with endorsement that the instrument was outdated. He submits that admittedly the cheque was presented for encashment after its validity period. He submits that in view of the above no case can be sustained on the purported dishonour of such cheque. The learned advocate also submits that the petitioner had earlier filed a First Information Report alleging that the cheque in question along with some other cheques were forcibly taken by the opposite party. He submits that after submission of a final report in that case, the petitioner has filed a protest petition against the same. The learned advocate submits that there is no prima facie case made out against the petitioner as would be evident from the plain reading of the petition of complaint. Let the petitioner serve a copy of this application upon the opposite party by speed post with acknowledgement due, within a week. An affidavit of service to that effect shall be filed on the next date of hearing.
Let this matter appear as 'Contested Application' two weeks hence.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.) 2