2021 (12) TMI 1003

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....s ORDER Learned senior counsel for the petitioners is present. The matter appears under the heading "Listed Motion". Learned counsel for the petitioners submits that the petitioners filed the criminal revision being aggrieved with an order dated 14.02.2017 passed by the learned Judicial Magistrate, 2nd Court, Alipore, South 24 Pargnas in a complaint case bearing No.443 of 2017 against the....

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.... is not maintainable against them. According to the petitioners, the criminal revisional application should be admitted due to the fact that the petitioner nos.2 and 3, not being related to the proprietorship business of the petitioner no.1 and not having issued the cheque have been wrongly impleaded as accused, leading to abuse of the process of the Court. The second contention of the petition....

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....al Appeal No.1446 of 2021), the Hon'ble Supreme Court in paragraph 38 of the judgment observed that:   "Section 145 N.I. Act provides that evidence of the complainant may be given by him on affidavit, which shall be read in evidence in an inquiry, trial or other proceeding notwithstanding anything contained in the Cr. P.C. The Constitutional Bench held that Section 145 has been inser....

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....r proceeding under Section 202. In view of the decision of the Hon'ble Supreme Court it would not be mandatory on the part of the Magistrate to hold an enquiry under Section 202 (2) of the Criminal Procedure Code as specified in Section 145 of the N.I. Act. However, the petitioners have a legal right to assail a proceeding initiated against them in the form of complaint before the Court of a Ma....