SHIVAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Vakalatnama filed in Court today on behalf of the opposite party no. 2 be kept with the record.

(2.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure whereby quashing of the criminal proceeding arising out of Complaint Case no. 4988 of 2011 under Sections 420/406/120B of the Indian Penal Code pending in the Court of the learned 5th Judicial Magistrate, Alipore is sought for by M/s Shivam, Navneet Mittal, Pawan Kr. Mittal, Anup Kumar Mittal of Bhatinda, Punjab who have been made accused persons in this case.

(3.) M/S Archid Ply Industries Ltd. having its office at Rudrapur, Uttarakhand and Branch Office at Sarat Bose Road, Bhawanipore, Kolkata filed a petition of complaint in the Court of Learned Judicial Magistrate, 5th Court at Alipore against the petitioners which was registered as Complaint Case No. C - 4988 of 2011. The complainant, Monoj Agarwal, the authorized representative of M/S Archid Ply Industries Ltd. alleged therein that sometime in the month of September, 2010 the petitioners came to their office at Sarat Bose Raod, Bhawanipore, Kolkata and introduced themselves as a reputed businessman carrying on business in trading line under the name & style M/S Shivam having its office at Bhatinda, Punjab. They 2 approached the complainant to supply 3305 pieces of Laminates, 447 pieces of Block Board and 2017 pieces of Plywood of different sizes at the different rates on credit basis and assured that they would pay the entire amount within four months from the date of dispatch of the case. On the basis of the said approach and assurance, the complainant, M/S Shivam were supplied 3305 pieces of Laminates, 447 pieces of Block Board and 2017 pieces of Plywood by M/S Archid Ply Industries Ltd. in the month of September, October and November, 2010 amounting to L 32,07,033/-. The petitioner received the goods without objection and assured the complainant that the payments would be made in time but ultimately they failed to make the payment and denied the transaction entirely. The complainant, thus, was cheated and accordingly, filed the petition of complaint in the Court of the learned Chief Judicial Magistrate at Alipore against the petitioners under Section 420, 406 and 120B of the Indian Penal Code. Learned Magistrate had taken cognizance of the offences upon examination of the complainant and issued process against the petitioners under the above mentioned Sections.