N.C. NAGPAL Vs. THE STATE

JUDGEMENT

(1.) IN this revisional application the four petitioners pray for quashing the proceeding of Case No. C -2536 of 1977, now pending against them in the 6th Court of the Metropolitan Magistrate, Calcutta, under Sections 120B and 420 of the Indian Penal Code.

(2.) THE case has been instituted on a complaint filed by the opposite party, Radha Krishna Agarwalla, Managing Director of M/s. Calicut Engineering Works (P) Ltd., of 26A, Camac Street, Calcutta. The material allegations on which the complaint is based are as follows:

(3.) FROM the above facts and circumstances the complainant concluded that the petitioners entered into a criminal conspiracy to cheat the company of the complainant and in pursuance of the said criminal conspiracy they made false representation to the complainant and thereby induced the complainant to pay the price of the machine before delivery which he would not have paid had he not been so cheated by the petitioners. According to the complainant, the petitioners had the dishonest intention and fraudulently induced the complainant to pay the price of the machine in advance although they had no intention to deliver the machine of OF -16 Model. The complainant accordingly prayed for warrant of arrest against the petitioners for having committed offences punishable under Sections 120B/420 of the Indian Penal Code.