DUNCAN INDUSTRIES LTD Vs. STATE

JUDGEMENT

(1.) For quashing the proceedings of Case No. C-2617 of 2004 pending before the Learned Judicial Magistrate, 9th Court, Alipore the Petitioners hereinabove have come up before this Court. In this Application they seek to retrieve themselves from the stage of the proceedings of Case No. C-2617 of 2004 whereupon on the basis of the Petition of Complaint filed by the Opposite Parties they were directed to answer the summons in respect of committing the offence punishable under Section 406 of the Indian Penal Code.

(2.) Shri Debasish Roy learned Counsel appearing in support of the Application has made three-fold submissions in support of his prayer for quashing. At the first instance Shri Roy submitted that since the Company Court has already directed payment of certain amount of money in respect of the fixed deposits of the Opposite Parties the strength in the Petition of Compliant looses its force. In this context he referred to the Order passed by this Court in C.P No. 478 of 2003 (Page 78 of the Application) where monthly instalments were directed by the Court on the prayer of the Petitioner/Company.

(3.) On the second instance Shri Roy submitted that the provisions of Section 406 of the Indian Penal Code were not attracted as the allegations in the Petition of Complaint did not satisfy the ingredients of the said offence.