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Calcutta High CourtCRR/1462/2013dismissed

Ashok Kumar Agarwal & ORS v. State Of West Bengal & ANR

2022-07-12Hon'Ble Justice Rai Chattopadhyay2 pages

12.07.2022 Item no.8.

Court No.6.

AB CRR No. 1462 of 2013 + IA CRAN 1 of 2013 (Old CRAN 3573 of 2013) In the matter of : Ashok Kumar Agarwal & Ors. ......Petitioners.

None appears either on behalf of the petitioners or the opposite parties today. It appears from record that on previous several occasions also, neither of the parties were present in Court.

Considering the above, record is taken up for delivering order.

This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioners with the prayer to quash the proceeding in connection with complaint case no. C30072 of 2012 for alleged commission of offence under Sections 138/141 of the N. I. Act, 1881 before the Metropolitan Magistrate, 17th Court at Kolkata.

It appears from record that the petitioners are the accused persons against whom the complainant IFCI Limited have lodged a complaint of dishonor of 2 (two) cheques amounting to Rs.6242466.00 and Rs.2536002.00. The Trial

Court has taken cognizance of the case and sent notices to the accused persons / present petitioners.

Upon perusal of the records, I find that the grounds made out by the petitioners in this case are not sustainable at all and convincing to warrant this Court's interference into the proceeding as alleged.

Hence, in absence of any merit in the case, the criminal revisional application is dismissed.

Consequently, the application for extension of interim order being CAN 3573 of 2013 is disposed of.

Interim order, if any, stands vacated.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Rai Chattopadhyay, J.)