RAMESH CHANDRA GOYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Present application under sec. 482 read with sec. 401/397 of the Code of Criminal Procedure has been preferred for quashing of the proceeding in connection with complaint case being no. CR 65/2019 filed at the behest of one Manik Kumar Saha (opposite party No. 2) against the petitioner herein under sec. 200 of the Code of Criminal Procedure for the offence punishable under Sec. 420/406/506 of IPC presently pending before the court of Judicial Magistrate First Court Berhampore, Murshidabad.

(2.) It has been contended by the petitioner that the petitioner has been falsely implicated at the instance of the opposite party no. 2 in connection with said complaint case with full of concocted story. Petitioner contended that company namely BDG Metal and Powers Limited being substantially well reputed company is in production of TMT Bar. In lieu of such goodwill of the company Opposite Party No. 2 representing himself to be the proprietor/partner of a distributorship concern in the District of Murshidabad had approached Mr. Ritesh Gupta authorised representative of the said company for buying TMT Bar from the company. Pursuant to such persuasion the opposite party no. 2 had forwarded the amount of Rs.10.00 Lakhs on 10/8/2013 and subsequently against such payment the company had sent materials amounting to Rs.12.00 Lakhs approximately. Opposite party no. 2 operated through its distributor agency namely M/S Sree Krishna Traders being an un-registered partnership farm. Ma Durga Hardware is a sister concern of Sree Krishna Trader. In course of business transaction with Mrs. Ma Durga Hardware and Shree Krishna Traders, opposite party No. 2 had made payment to the tune of Rs.76.00 Lakhs till 31/3/2014 and it will be apparent from the ledger of the company that materials worth Rs.45,52,997.00 has been despatched till 24/11/2013 in the name of Mrs. Ma Durga Hardware. The company namely BDG had also despatched materials to the tune of Rs.2,16,05,583.00 and till date an amount of Rs.38.00 lakhs approximately stands due from the said dealer.

(3.) When such facts were brought to the notice of the opposite party no. 2 in the form of a letter dtd. 29/5/2014 the opposite party no. 2 had issued cheques but the said cheques were dishonoured and for which proceeding under sec. 138 of the N.I. Act has been initiated which is pending for adjudication.