Avneet Bedi vs Unknown
2021 Latest Caselaw 4827 Cal

    21
14.09.2021

rrc

CRR 1781 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Avneet Bedi ..... petitioner Mr. Ayan Bhattacharjee Mr. Adil Rashid Mr. Supratim Goon .....For the petitioner

It is submitted by the learned advocate for the petitioner,

that the complaint in the present case under Section 138 of the

Negotiable Instruments Act, 1881, has been filed by the power of

attorney holder.

The plain reading of the complaint does not disclose that the

power of attorney holder had witnessed the relevant transaction

as an agent of the petitioner company in due course or process

and he had specific knowledge regarding the same.

It further appears that the petitioner is residing outside the

jurisdiction of the learned Magistrate in the Court below and the

process has been issued without a preliminary enquiry.

Prima facie, I am of the opinion that the complaint is not

maintainable in view of the judgment reported at (2014) 11 SCC

790 (A. C. Narayan Vs. State of Maharashtra and another).

In view of the aforesaid, there shall be a stay of all further

proceedings of Complaint Case No. 36041 of 2010 under Sections

138/141 of the Negotiable Instruments Act, 1881, pending before

the learned Metropolitan Magistrate, 8th Court at Kolkata, for a

period of eight weeks from date.

The petitioner shall serve a copy of this application upon the

opposite parties within a period of two weeks, intimating that

this application be taken up for hearing under the heading

"Contested Application" and shall file an affidavit-of-service to

that effect on the next date of hearing.

List this application after six weeks under the heading

"Contested Application".

(Kausik Chanda, J.)