KARTIK DAS AND OTHERS Vs. ABHIJIT SAIKIA

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, learned Counsel for the petitioners and Mr. A.M. Mazumdar. learned Senior Counsel assisted by Ms. N. Saikia, learned Counsel appearing for the respondent.

(2.) The quashment of the criminal proceeding being Criminal Case No. 1789-C of 2003 pending before the learned Sub-Divisional Judicial Magistrate (Sadar) No. 1 Guwahati initiated on the basis of the complaint filed by the Respondents for alleged commission of offences under sections 406/417/420/427, I.P.C. against the petitioners has been sought in this revision petition filed under section 482 read with section 397 of Cr. P.C.

(3.) The pleaded case herein is that in the compliant as mentioned above filed by the Respondent inter alia alleged that respondent as Complaint being the Director of M/s. Eden Cold Storage Pvt. Ltd.. entered into an agreement with the petitioners/ accused being partners of the Company under the name and style of 'Quality Potato Company' situated at Jalpaigurt in the State of West Bengal for supply of Potatoes on 1.3.2003 and as per agreement the petitioners were to supply 15000 quintal of potatoes to the Respondent complainant at the rate of Rs. 278,00 per quintal inclusive of costs and expenses, freight charges and the supply should be made within 14.3.2003. The respondent paid an amount of Rs. 20 lacs as advance to the petitioners for supply of potatoes. Another agreement was also made between them on 6.3.2003 for supply of 9000 quintals of potatoes at the rate of Rs. 276,00 per quintal under the same terms and condition as made in the earlier agreement and there also Respondent paid an amount of Rs. 9 lacs as advance.