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2023 (2) TMI 1
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....alcutta. The petitioners approached this Court at a stage when the learned Magistrate after non-response to the summons was pleased to issue bailable warrant of arrest and the accused nos. 2 and 3 appeared before the court and prayed for bail. Mr. Chatterjee, learned advocate appearing for the petitioners submitted that paragraph 3 of the petition of complaint is insufficient to implicate all the persons. Learned advocate has drawn the attention of the Court to paragraph 3 of the petition of complaint which is set out as follows : "3. That the accused persons has been residing and/or carrying on their business from the addresses as mentioned hereinabove in the cause title. The accused nos. 2 is the Authorised Signatory and Director and ....
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....pt of complaints under Section 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court." Learned advocate for the petitioners has also relied upon a judgement of this Hon'ble Court in Sheetal Amit Patil and Another Vs. State of West Bengal reported in 2021 SCC OnLine Cal 1693. Attention of the Court was drawn to paragraphs 16 and 19 of the said judgement which are quoted below : "16. The question whether Section 202 of the Code is mandatory in respect of a proceeding under Section 138 of the Negotiable Instruments Act or not is now well settled. In Re : Expeditious trial of cases under Section 138 of N.I. Act, 1881, reported in 2021 SCC OnLi....
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....inal Procedure. Additionally, it has been submitted that in view of the incomplete averments made in the petition of complaint with regard to the petitioner no.3, he may be relieved from further facing the criminal proceedings. Mr. Dutt, learned advocate appearing for the complainant/opposite party no.2 relied upon a decision of the Hon'ble Supreme Court in Sunil Todi and Others Vs. State of Gujarat and Another reported in 2021 SCC OnLine SC 1174. Learned advocate has referred to paragraphs 46 and 47 of the said judgement which are quoted below : "46. Section 145 of the NI 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 notwithstandin....
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....rticularly with reference to the object for which the amended provision has been incorporated in the Act. Mr. Chatterjee, learned advocate for the petitioners also rebutted the contentions and findings in Sunil Todi's case (supra) on the ground that if the Division Bench of the Hon'ble Supreme Court and the Larger Bench differ in their findings, then according to the doctrine of precedents the findings of the Larger Bench is to be followed. I have considered the submissions of the learned advocates appearing for the parties both with regard to the continuation of the proceedings, the compliance of Section 202 of the Code of Criminal Procedure and the additional prayer advanced by Mr. Chatterjee, learned advocate for the petitioners regard....
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....it or restricting the enquiry to examination of documents or not, learned court would assess whether there are sufficient grounds to issue process against the accused. I have taken into account the petition of complaint, the affidavit filed under Section 145 of the Negotiable Instruments Act as also the order dated 13.03.2020. I have also taken into account the decision of the Hon'ble Supreme Court in S.P. Mani and Mohan Dairy Vs. Dr. Snehalatha Elangovan reported in 2022 SCC OnLine SC 1238 and paragraph 47 of the decision of the Hon'ble Apex Court in Sunil Todi's case (supra) where the final conclusions were summarized by the Hon'ble Supreme Court. So far as the provision or compliance regarding Section 202 of the Code of Criminal Proced....