Authority: High Court at Calcutta

Order Date: 31 July 2026

Case Overview

  • Petitioners: M/s. J.R. Creations Advertisers Private Limited (and its director) filed a revisional application (CRR 446 of 2022) under Section 482 of the Code of Criminal Procedure seeking quash of a criminal proceeding (CS 1651/2018) pending before the Metropolitan Magistrate, 7th Court, Calcutta, where a summons under Section 420 of the Indian Penal Code had been issued on 02‑03‑2021.
  • Respondent: M/s. R.P. Techvision India Private Limited, represented by its director Shri Dippriya Mitter, filed the original complaint alleging offences under Sections 418, 419, 420, 400, 465, 468, 384, 500, 196 and 120B IPC, arising from a dispute over two cheques of Rs 91,87,990 each dated 31‑03‑2017 drawn on Oriental Bank of Commerce, Prince Street, Calcutta, which were returned “Funds Insufficient”.
  • The petitioner had issued a legal notice on 16‑07‑2012 demanding payment; the respondent allegedly failed to pay and later filed a complaint under Section 138 read with 141/142 of the Negotiable Instruments Act (complaint numbers 2670/2017 and 3233/2017) in Delhi.
  • The petitioner contended that the Section 420 complaint was an abuse of process, that there was no mens rea for cheating, that the magistrate had not complied with Section 202 CrPC (jurisdictional inquiry), and that a forensic expert later established that the cheque dated 2011 had been altered to 2017, indicating forgery.
  • The respondent argued that the revisional application was barred by the doctrine of merger and that material facts had been suppressed.

Final Outcome

  • The Court held that the case was not fit for complete quash; however, the summons issued by the magistrate under Section 420 IPC on 02‑03‑2021 is set aside.
  • The matter is remitted to the Learned Magistrate for compliance with the mandatory provisions of Section 202 CrPC (corresponding to clause 225 of BNSS) and for a proper jurisdictional inquiry.
  • The Learned Magistrate is directed to act without granting unnecessary adjournments.
  • All other connected applications, if any, are disposed of.
  • Certified copies of the order may be supplied to parties upon compliance with formalities.

Topics: Court Order, Criminal Procedure, Cheque Forgery