(1.) This is an application u/s 401 read with Sec. 482 of the Code of Criminal Procedure for quashing a criminal complaint case No. being 6602 of 2017 pending before the Learned 20th Metropolitan Magistrate, Calcutta alleging the offence punishable u/s 138 read with Sec. 142 of the Negotiable Instrument Act 1881.
(2.) The brief fact of the petitioner before this court is that the petitioner and OPs had business relations since last 10 years. Petitioners provided services to the complainant for their various contracts and project jobs. Time to time petitioner has been awarded that numerous job works for supply, installation, testing and commissioning their components. The petitioner has been diligently and honestly providing its service and facilities to the complainant all along accordingly from time to time. Petitioner raised multiple bills/invoices for such services upon the complainant.
(3.) It is the further case of the petitioner that, initially the complainant made payments regularly against the bills, but past few years the complainant are not making regular payments to the petitioner as per his requirement.