116.1.2018 p.b.
Ct. No. 35 CRR 153 of 2018 Reliance Commercial Finance Ltd. & Anr.
Subhas Agarwal Mr. Pradip Kumar Ghosh, Mr. P. Khaitan, Mr. S. Chowdhury, Mr. Sachin Sukla, Mr. Pratik Shanu.
..for the petitioner.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing in Case No.CS-6249 of 2017 pending before the learned Metropolitan Magistrate, 19th Court at Calcutta.
Mr. Pradip Kumar Ghosh, learned senior counsel appearing on behalf of the petitioners contends that the petitioners are Commercial Finance Limited and some loan was advanced to the opposite party, but he did not repay the same. The opposite party accordingly issued a cheque for repayment of such loan, but the cheque was dishonored by the concerned bank. Accordingly, a case under Section 138 of the N.I.
Act was started against the opposite party being C.S. 60682 of 2017. In order to put the petitioners on trouble, the opposite party, on the other 2hand, has filed the instant complaint case on the ground of breach of trust and forgery. Mr. Ghosh further contends that the case filed by the opposite party is not maintainable in law and accordingly, the same ought to be quashed.
Having considered the submissions made on behalf of the petitioner and after going through the materials on record, I find sufficient justification to stay all further proceeding of C.S. Case No.6249 of 2017 for a period of six weeks from date.
The petitioner is directed to serve copy of the application along with annexures on the opposite party by speed post with acknowledgement due within two weeks and to file affidavit of service on the next date of hearing.
List the matter under the heading Contested Application after expiry of four weeks.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.
(Debi Prosad Dey, J.)