SANKAR DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed under Sec. 482 read with Sec. 401 of the Code of Criminal Procedure, 1973 by the petitioner seeking quashing of the complaint proceeding being C.S. No. 15180 of 2021 pending before the learned Court of the 19thMetropolitan Magistrate at Calcutta in connection with offences punishable under Ss. 406/411/417/418/420/422 of the Indian Penal Code, 1860.

(2.) Gist of the petitioner's case is that opposite party no. 2 has initiated a complaint under Sec. 200 of the Code of Criminal Procedure before the learned Chief Metropolitan Magistrate, Calcutta on the allegation that the petitioner and the opposite party no. 2 had a business relationship since sometimes and the opposite party no. 2 used to supply tea to the petitioner. The petitioner used to pay the outstanding dues amount of any transaction in time by way of liquid cash/cheque. On such good faith and his continuous relationship, the opposite party no. 2/company supplied a huge amount of tea to the petitioner on different invoices as per the specification and order placed by the petitioner but the petitioner failed to pay a total outstanding amount of Rs.4,99,042.00 only. Opposite party faced a huge loss thereof due to cheating by the petitioner by showing esteemed reputation and goodwill. It is further alleged that the petitioner concern received the materials in good condition as specified as per the request and order of the petitioner's proprietorship concern. It is further contention of the petitioner that the learned Court below whimsically issued summon against the present petitioner after taking cognizance though the entire case is purely civil in nature. The case is pending before the learned Court of the 19thMetropolitan Magistrate at Calcutta after transferred by the learned Chief Metropolitan Magistrate, Calcutta for disposal.

(3.) In spite of service, the opposite party no. 2 did not turn up at the time of hearing. Hence, the record is taken up for hearing on merit.