Calcutta High Court (Appellete Side)
Procedure vs In Re : Sarabpreet Kaur on 10 April, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 10.04.2017Item No. 287
sdas C.R.R. No. 1163 of 2017 In Re : An application under Section 482 of the Code of Criminal Procedure.
And
In Re : Sarabpreet Kaur .... petitioner
It appears from the application that the petitioner has prayed for quashing of proceeding in Complaint Case No. C/106496 of 2016 pending before the learned Metropolitan Magistrate, 12th Court, Calcutta under Section 138 of the Negotiable Instrument Act. It appears that the petitioner had taken a credit facility from the complainant bank and cheque issued in liquidation of such liability was returned unpaid upon presentation with the endorsement "account is dormant". Notice of dishonour was served upon the petitioner demanding the payment of the value of the dishonoured cheque but such payment was not made and impugned prosecution was launched. It has also been pleaded that the cheque was issued as security deposit and there was no outstanding illegally enforceable debt or liability.
It is open to the petitioner to lead evidence to rebut the statutory presumption under Section 139 of the Negotiable Instrument Act that the cheques in question had not been issued against legally enforceable debt or liability.
2
Hence, I am not inclined to interfere with the impugned proceeding at this stage. It is open to the petitioner to agitate his grievances in the course of trial and in accordance with law, if so advised.
With the aforesaid observation, the application is disposed of. Photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Joymalya Bagchi, J.)