Manjeet Gaba vs State of West Bengal

Ashim Kumar Roy, J.—The quashing of a criminal proceeding relating to an offence punishable u/s 138 of the N.I. Act has been sought for precisely on two fold grounds. Firstly, the cheque in question although was drawn on a joint account but while was issued nor by the joint account holders but one of them, who is not the petitioner.

Secondly, on the ground although this is a Magistrate triable case and the accused person is residing beyond the local limit of that particular Court but without complying with the mandatory provisions of section 202 of the Code of Criminal Procedure summons have been issued.

The learned counsel appearing for the petitioner vehemently urged that for the aforesaid two reasons the complaint in question ought to be quashed.

In support of his first contention while he relied on the decision of the Hon''ble Supreme Court in the case of Mrs. Aparna A. Shah Vs. Sheth Developers Pvt. Ltd. and Another, and in support of his second contention he relied on the decision of the Hon''ble Supreme Court in the case of National Bank of Oman Vs. Barakara Abdul Aziz and Another,

In this case it is an admitted position the cheque was drawn on a joint account maintained with HDFC Bank Limited, Malda by Mangat Singh Gaba and Manjeet Gaba, but the cheque was drawn and signed by Mangat Singh Gaba and not by the present petitioner. The above factual position has not disputed by the learned counsel for the complainant/opposite party.

Having regard to the facts this criminal revision succeeds on first ground, the impugned criminal proceeding stands quashed without entering into the merit of the second ground.

This criminal revision stands allowed and the impugned proceeding is quashed. Criminal Section is directed to deliver urgent xerox certified copy of this order to the parties, if applied for, as early as possible.