SWATI SULTANIA Vs. SWATI SULTANIA

JUDGEMENT

(1.) The present revisional application has been preferred challenging the proceedings arising out of Complaint Case No. 1154C/2018 under Ss. 420/406/34 of the Indian Penal Code pending before the learned Judicial Magistrate, 3rd court, Malda.

(2.) One Sujit Kumar Poddar filed a complaint under Sec. 200 of the Code of Criminal Procedure, inter alia, contending as follows:- The complainant is the proprietor of M/s. Rudra Traders which dealt with dishwash and detergents along with other materials. The accused persons namely, Swati Sultania and Sumit Sultania were associated with M/s. Sultania International who were supplier and manufacturer of such dishwash and detergents.

(3.) An agreement was entered into by and between the complainant and the accused had a long business relationship which continued between them. The complainant alleges that by way of a security deposit, a blank cheque was entrusted to the accused persons as per the agreement. The accused persons suddenly sent huge quantity of products of dishwash and detergents to the complainant which the complainant objected while receiving, but the accused persons did not turn up and as a result of which the said products were damaged in the godown of the complainant. Subsequently, the complainant requested the accused persons to settle the matter as early as possible, but they refused to do the same and in the meantime, a notice was issued at the instance of the accused persons and thereafter a case being CNS 369 of 2017 was filed before the learned Metropolitan Magistrate, 18th Court, Calcutta under Sec. 138 of the Negotiable Instruments Act. The complainant alleges that the accused persons committed breach of trust and cheated the complainant by manipulating the complainant's cheque by way of inserting huge amount in the blank cheque.