Robotech Private Limited And ORS v. Neogrowth Credit Private Limited
C.R.R. 1987 of 2021 D/L24 17.11.2022 Bpg.
In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;
Robotech Private Limited and others
Versus
Neogrowth Credit Private Limited Mr. Aniuddha Bhattacharya.
...for the petitioners.
Mr. Dipanjan Chatterjee, Mr. Imran Siddiqui, Mr. Anirban Ghosh.
...for the opposite party.
Mr.
Aniruddha Bhattacharya, learned advocate appearing for the petitioners files supplementary affidavit which reflects that the subject matter of the cheque for which the case was initiated under Sections 138/141 of the Negotiable Instruments Act and dues accruing from the same has been paid to the complainant. Mr. Dipanjan Chatterjee, learned advocate appearing for the complainant/opposite party submits that "
no-dues certification" has been issued by the complainant-company. Mr. Chatterjee further submits that the complainant is not interested to pursue with the complaint case being C.S. No.38939 of 2021 pending before the learned Metropolitan Magistrate, 7th Court, Calcutta under Sections 138/141 of the Negotiable Instruments Act.
Having regard to the change of circumstances and the fact that the offences complained of can be compounded, I am of the opinion that further continuance of the proceedings are
unwarranted. As such, all further proceedings relating to C.S. No. 38939 of 2021 pending before the learned Metropolitan Magistrate, 7th Court, Calcutta is hereby quashed.
Accordingly, CRR 1987 of 2021 is disposed of. Supplementary affidavit so filed by the petitioners and the affidavit which has been filed on behalf of the complainant/opposite party be kept with the record. Pending applications, if any, are consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)