2023 (3) TMI 491 - HC - Indian Laws

Dishonour of Cheque - essential ingredients of Section 141 of the Negotiable Instruments Act, 1881, fulfilled or not - the case is that the petition of complaint has failed to mention the specific role of the petitioner in order to link the petitioner to the offence as alleged in the complaint - HELD THAT:- In the present case, the Magistrate took evidence on affidavit along with documents under Section 200 Cr.P.C. and considered the case to be suitable for issuing process under Section 202 Cr.P.C. on examination of the documents and the evidence of the complainant on affidavit and being satisfied as to the sufficiency of grounds for proceeding under Section 202 Cr.P.C.

Thus the order under revision dated 24.02.2016 passed by the learned Metropolitan Magistrate, 6th Court, Calcutta being in accordance with law (Re expeditious trial of cases u/s 138 of the N.I. Act, needs no interference.

Revision dismissed.