Raj Vardhan & Ors vs The State Of West Bengal & Anr
2021 Latest Caselaw 671 Cal

Form No. J(2)

                      IN THE HIGH COURT AT CALCUTTA
                           Criminal Appellate Jurisdiction
                                  Appellate Side

Present:
The Hon'ble Justice Jay Sengupta


                                   CRR 1897 of 2020

                                   Raj Vardhan & Ors.
                                        Vs.
                          The State of West Bengal & Anr.


For the Petitioners            :    Mr. Sabyasachi Banerjee
                                    Mr. Ritoban Sarkar
                                    Mr. Soumya Nag
                                    Mr. Subhadeep Adhikari

For the O.P. No. 2             :    Mr. V. Wadehra

Heard on:                       : 28th January 2021

Judgment on :                   : 28th January 2021


The Court:
      It appears that an inadvertent typographical error has crept into the order

dated 22.01.2021 passed in this revision.

      At the fourth line of the said order instead of "28.02.2021", it should actually

be "28.01.2021".

      The inadvertent typographical error is hereby corrected and the order dated

22.01.2021

shall always be read conjointly with this order.

This is an application for quashing of a proceeding under Section 138 read

with Section 141 of the Negotiable Instruments Act.

Learned counsel appearing on behalf of the petitioners submits as follows.

The petitioners were the independent directors of the accused company and they

were in no way connected with daily running of the business of the company. Nor

were they in charge of the company at the relevant point of time. As such, the

impugned proceeding ought to be quashed qua the present petitioners.

Learned Counsel appearing on behalf of the complainant / opposite

party no. 2 submits as follows. A vakalatnama bearing no. 1395 has been filed on

behalf of the complainant / opposite party no. 2. It has transpired that the

petitioners are the independent directors of the accused company. As such, the

complainant would not like to prosecute the present petitioners before the learned

Trial Court and hence, the proceeding may be quashed so far as the present

petitioners are concerned.

I have heard the submissions of the learned advocates appearing on behalf

of the parties and have perused the revision petition.

In view of the fact that the complainant / opposite party no. 2 does not want

to proceed with the case against the present petitioners, I quash the impugned

proceeding so far as the present petitioners are concerned.

The learned Trial Court shall proceed against the other accused.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order may be supplied to the parties

expeditiously, if applied for.

(Jay Sengupta,J.)

SB