Calcutta High Court (Appellete Side)
Amit Kumar Jharwar vs Skipper Textiles Pvt. Ltd on 19 September, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 131 19.09.2016
rkd Ct. No.28 C.R.R. 2989 of 2016 Amit Kumar Jharwar
-vs-
Skipper Textiles Pvt. Ltd.
Mr. Sabyasachi Banerjee, Mr. Koustav Lal Mukherjee .....for the petitioner.
Mr. Manjit Singh, P.P., Mr. Anand Keshri .....for the State.
Liberty is given to correct the cause title. It is submitted on behalf of the petitioner that the company which issued the cheque had been wound up and, accordingly, the prosecution is not maintainable. It is also submitted necessary averments are absent in the petition of complaint to attract vicarious liability for dishonour of cheque.
I do not find any factual averments relating to winding up of the company prior to presentation of cheque. Hence in view of the law declared in Pankaj Mehra vs. State of Maharashtra (2000) 2 SCC 756 I do not find any reason to interfere with the impugned proceeding. That apart, I find that the trial is at a matured stage and evidence is being recorded. The petitioner is at liberty to agitate his defences in the course of trial.
With the aforesaid observation, the petition is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Joymalya Bagchi, J.) 2