Authority: Calcutta High Court (Criminal Revisional Jurisdiction)

Order Date: 03 September 2026

Case Overview

  • Petitioner: Brajesh Kumar Agarwal, erstwhile Director of M/s D.S. Metals Pvt. Ltd.
  • Opposite Party: The State of West Bengal & Anr.
  • Revisional application CRR 3451 of 2024 challenged Order No. 2 dated 8 July 2024 passed by the learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal No. 94/2024.
  • The impugned order had directed the appellant to deposit 20 % of the fine (Rs 40,00,000) as security before 17 August 2024, invoking Section 148 of the Negotiable Instruments Act, 1881.
  • The High Court examined the precedent SCC OnLine Bom 560 and the Supreme Court judgment in Surinder Singh Deswal v. Virender Gandhi (AIR 2019 SC 2956), which interpret Section 148 as a discretionary power, not a mandatory rule.
  • The petitioner's role was identified as accused No. 3 in Complaint Case No. CS‑414036/2014; he did not sign the cheque and was not the drawer (accused No. 2 was the drawer).
  • The court noted that the principal allegations were against accused Nos. 1 and 2, the company, and another director; no specific allegation against petitioner No. 3.
  • The petitioner filed written notes relying on judgments (2007 6 SCC 528 and 2024 SCC ONLINE SC 1800).
  • Section 148 of the NI Act was quoted in full, emphasizing its discretionary nature and the conditions for deposit and release.
  • The court concluded that, since the petitioner was not the drawer, Section 148 was inapplicable to him and the condition of pre‑deposit was erroneously imposed.

Final Outcome

  • The revisional application (CRR 3451 of 2024) is allowed.
  • Order No. 2 dated 8 July 2024 is quashed and set aside.
  • The trial court is directed to proceed in accordance with law.
  • All connected applications are disposed of; any interim order stands vacated.
  • No order as to costs.
  • A copy of the judgment to be sent to the trial court for compliance; urgent certified website copy to be supplied upon request.

Topics: Legal Proceedings, Negotiable Instruments Act