AMRIT HATCHERIES PRIVATE LIMITED Vs. SAASTA FARMS

JUDGEMENT

(1.) The petitioners have prayed for quashing of the criminal proceeding of CNS/Case No. 406021 of 2014 pending before the court of learned Metropolitan Magistrate, 20th Court, Calcutta by filing this revision under Section 482 of the Code of Criminal Procedure.

(2.) The backdrop of filing the present revision is as follows: The Opposite Party, M/s. Saasta Farms (hereinafter referred to as the complainant firm) filed a petition of complaint against the petitioners before the court of learned Metropolitan Magistrate praying for issuance of process against the petitioners for the offence punishable under Sections 420/406/120B of the Indian Penal Code. The petitioner no.1, M/s. Amrit Hatcheries Private Limited (hereinafter referred to as the accused company) is running hatchery -cum -poultry firm by purchasing hatching eggs. The petitioner no.2 is the Managing Director of the accused company and the petitioner no.3 and the petitioner no.4 are the Directors of the said accused company. One Mrs. T. Kavita happens to be the proprietor of the complainant firm. It is alleged in the petition of complaint that pursuant to an agreement between the complainant firm and the accused company, the complainant firm started to supply hatching eggs to the hatcheries of the accused company at different places with effect from the month of July, 2013. It is further alleged that the complainant firm supplied total quantities of 49,39,310 pieces of egg valued at Rs.1,44,18,442/ - till the month of January, 2014. It is specifically alleged that the accused company did not make payment of dues of Rs.1,44,19,442/ - to the complainant firm in spite of repeated requests. As a result, the complainant firm started the criminal proceeding against the accused company and its Managing Director and other two Directors on the allegation that they have committed offence punishable under Sections 420/406/120B of the Indian Penal Code.

(3.) Learned Magistrate took cognizance of the offence on the basis of petition of complaint filed by the complainant firm and issued process against all the petitioners for the offence punishable under Sections 420/406/120B of the Indian Penal Code. On October 30, 2014 the petitioners filed two separate applications before the court of learned Magistrate ­ one application was filed praying for exemption from personal appearance before the court under Section 205 of the Code of Criminal Procedure and another application was filed praying for representing the accused company through authorized agent under Section 305 of the Code of Criminal Procedure. The criminal proceeding is under challenge in this revision.