Kec Raja Kumar vs The State Of West Bengal And Anr on 11 November, 2014

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Calcutta High Court (Appellete Side)

Kec Raja Kumar vs The State Of West Bengal And Anr on 11 November, 2014

Bench: Ashim Kumar Roy

                                        1

Form No.J.(1)


                            In the High Court at Calcutta
                          (Criminal Revisional Jurisdiction)
                                  Appellate Side

Present:
The Hon'ble Justice Ashim Kumar Roy

                           C.R.R. No.1320 of 2013
                                       With
                               CRAN No.3361 of 2014
                               KEC Raja Kumar
                                           -Vs-
                      The State of West Bengal and Anr.

For the Petitioners : Mr. Tirthankar Ghosh
                             Mr. Phiroze Edulji

For the O.P. No. 2     : Mr. Sandip Kumar Bhattacharyya


Heard on : 19-09-2014.

Judgement on : 11.11.2014

Ashim Kumar Roy, J.

The petitioner has approached this court for quashing of his prosecution under section 138/141 of the Negotiable Instruments Act, in connection with a case, which is now pending before the learned Judicial Magistrate, 3rd Court, Alipore, being the case no. C-9735/11.

The quashing has been sought for on the ground that much before the date of issuance of the cheque, the petitioner has resigned from the post of Director of the accused/Company Primus Retails (P) Ltd. and therefore, the impugned prosecution against him is not tenable.

Now, going through the petition of complaint, it is found the dishonoured cheque being cheque no. 617531 drawn on ICICI Bank, Bangalore Branch, Bangalore was drawn on May 15, 2011, whereas from annexure/A to this criminal revision, Form 32, it appears 2 that petitioner ceased to be the Director of the accused/Company with effect from December 12, 2009 and the said Form 32 was submitted on the self-same day.

Such fact has not been disputed by the learned counsel of the opposite party no. 2. Having regard to above and in the light of the decisions of the Apex Court in the case of Harshendra Kumar D vs. Rebatilata Koley reported in AIR 2011 SC 1090, the impugned proceedings is completely illegal and an abuse of process of court.

This criminal revisional application is allowed and the impugned proceeding stands quashed so far as the petitioner is concerned.

In view of the order as aforesaid, the application for extension of the interim order has lost its force and accordingly stands disposed of.

Photostat certified copy of this order, if applied for, be given to the parties at an early date.

(Ashim Kumar Roy, J.)

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Calcutta High Court (Appellete Side)