ICI INDIA LIMITED Vs. INDIANA CONVEYORS LIMITED

JUDGEMENT

(1.) In the present application the petitioner has prayed for quashing of a proceeding being complaint Case No. C/4301/02 (T.R. No. 378/02) under Sections 406/420/120B of the Indian Penal Code pending in the Court of learned Metropolitan Magistrate, 14th Court, Calcutta.

(2.) The petitioner Nos. 2 to 5 are senior officials of the petitioner No. 1 Company and the petitioner No. 6 has been engaged as a contractor by the petitioner No. 1 Company.

(3.) The complainant/opposite party filed a petition of complaint alleging that the petitioners induced the complainant/opposite party to submit a quotation for supply of certain equipments. In this regard the petitioner No.5 wrote a letter on 22.1.2001 on behalf of petitioners to the complainant and pursuant thereto the complainant submitted quotation. The petitioners thereafter placed order for supply of equipments and assured to pay a sum of Rs. 4,34,304/-. After the supply of equipments was complete, bill was raised on 22.5.2001 and 2.6.2001. It was alleged in the complaint that although the petitioners promised to pay for the equipments, they failed to make such payment. By several letters the accused/petitioners were requested to make the payment, but they refused to do so.