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2017 (12) TMI 845 - CALCUTTA HIGH COURTDefault to issue distress warrant - dishonor of cheque - The prosecution case, as alleged, against the petitioners is to the effect that one Shrivardhan Kalyani filed a petition of complaint through his authorized attorney, Md. Turban Ansari against M/s. Chakraborty Consultancy Services, a partnership firm and its partners, that is the petitioners herein, alleging that the petitioner nos.2 and 3 were in charge of and responsible to the firm for the running of its day-to-day business and were involved in sale and purchase of equity shares on behalf of the firm. Held that: - The petitioners had sought to discharge their onus under Section 139 of the Negotiable Instruments Act by leading evidence through D.W.1 to the effect that immovable property had been conveyed in favour of opposite party no.2 in discharge of their liability towards the opposite party no.2 - Certified copy of the sale deed had been exhibited as Exhibit A. There is nothing in the recitals of the sale deed that the transfer of such property was in discharge of the liability of the petitioners’ firm towards the opposite party no.2. Evidence had also been led to show that the cheque on presentation was dishonoured due to insufficient funds and in spite of receipt of notice of dishonour no payments were made. There is also evidence on record that the petitioners were in charge of and responsible to the partnership firm for the running of its day-to-day business at the time of commission of the offence. In fact the petitioners had signed the dishonoured cheque in question - the conviction of the petitioners was rightly recorded. Revision petition disposed off.
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