M/S Innovative Themes Pvt Ltd & ORS v. Axis Bank Ltd

14.2.2022 sb CRR 2007 of 2018 (Via video conference) In the matter of : M/s. Innovative Themes Private Limited & ors. Petitioners Mr. Kaushik Chatterjee Mr. Tirthankar Dey ....for the opposite party Mr. Chatterjee, learned advocate appearing for the private opposite party, who is the complainant before the learned Metropolitan Magistrate, 10th Court, Calcutta, submits that the subject matter/amount of the dishonoured cheque for which the proceedings under Section 138/144 of the Negotiable Instruments Act was filed, has already been settled and the complainant has received the amount of the dishonoured cheque. Accordingly, the complainant itself is not willing to pursue the complaint before the learned Metropolitan Magistrate, 10th Court, Calcutta.

In view of the submissions made by the learned advocate for the complainant, in my opinion further pendency of the present revisional application before this court, is unwarranted. If necessary instructions have not been submitted before the learned Metropolitan Magistrate, 10th Court, Calcutta, the complainant is directed to intimate the same before the concerned Court, if not already communicated.

With the aforesaid observations, the revisional application being CRR 2007 of 2018 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties are to act on the server copy of this order, duly obtained from the official website of this Court. (Tirthankar Ghosh, J.)