Calcutta High Court (Appellete Side)
Southern Batteries Private Limited & ... vs Unknown on 24 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 24.02.2020
Sl. No.107 Ct-34 BM CRR 3784 of 2019 In the matter of : Southern Batteries Private Limited & Ors.
... Petitioners
Mr. Soubhik Mitter
Mr. Aindrila De ... for the petitioner
Mr. Somopriya Chowdhury
Ms. Sonia Sharma ... for the opposite party no.2
The present revisional application has been preferred for quashing of complaint case No.CN/368/19 corresponding to T.R. 779/2019 pending before the learned Metropolitan Magistrate, 18th Court, Calcutta under Section 420/406/120B of the Indian Penal Code.
The learned advocate for the petitioners draws the attention of this Court firstly regarding the manner in which process has been issued and secondly on the allegations made in the petition of complaint.
In view of the fact that on 17.09.2019 the learned Magistrate was pleased to record that the complainant has been examined on dock and that another witness has also been examined in support of such contention, I am of the opinion that very purpose for which Section 202 of the Code of Criminal Procedure has been incorporated has been complied with by the learned Magistrate. Secondly, so far as the allegations made in the petition of complaint, I find that on the representation so made, the complainant through RTGS transferred the funds in favour of the accused. However, the accused persons failed to adhere to the commitments. The order sheet so enclosed reflect that the 2 proceedings are at the initial stage and the allegations made in the petition of complaint prima facie makes out a case for deception for attracting the provisions of cheating and the funds being transferred pursuant to the representation being made by the accused persons also makes out a case of criminal breach of trust.
In view of the initial stage and the evidence before charge is yet to be placed before the Court, I do not think it would be fit and proper to interfere at this initial stage so far as the proceeding relating to the complaint case is concerned. Accordingly, the learned Magistrate is directed to proceed to the next stage of the proceeding after complying with the initial formalities.
As such, CRR 3784 of 2019 is dismissed.
( Tirthankar Ghosh, J.)