Syed Mushtaque v. Total Finance Company

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 08-08-2022 Subha Item no.31 CRR 2616 of 2005 Syed Mushtaque Murshed -versus- Total Finance Company.

Ct no.34 Re : An application under Section 482 of the Code of Criminal Procedure. Mr. Soubhik Mitter ....for the Petitioner.

Mr. Mitter, learned advocate appearing on behalf of the petitioner challenges the further continuance of the proceedings in respect of C/1011/2002 under Section 138 and 141 of the Negotiable Instruments Act. Learned advocate for the petitioner submits that the petitioner being implicated in the case as a Director is questionable in view of the fact that he had hardly participated in the day to day proceedings of the said company and is a sleeping director.

I have perused the allegations made in the petition of complaint and also issues, which have been canvassed in the revisional application so far as the present petitioner is concerned.

However, having regard to the fact that the necessary requisites for implicating an individual as an accused has been complied with in the petition of complaint. The further assertions of the present petitioner as an accused at this stage cannot be accepted by this court.

Petitioner is granted liberty to agitate the points canvassed in the revisional application at the appropriate stage of the proceedings. With the aforesaid observations, the revisional application being CRR 2616

of 2005 is disposed of.

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

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]