MADHUMATI MITRA,J. - (1.) This is an application under Section 397 / 401 read with Section 482 of the Code of Criminal Procedure filed by the petitioners praying for quashing of the proceedings of Complaint Case No.C/4906 of 2013 under Sections 420 , 406 / 120B of the Indian Penal Code pending before the Learned Judicial Magistrate, 7th Court, Alipore, including all orders passed in connection with the said proceedings.
(2.) The present petitioners are the accused of the proceedings mentioned above. Opposite party no.2, Ruia Sons Private Limited is a company duly incorporated under the provisions of Companies Act , 1956, having its registered office at 5, Russell Street, Kolkata-700 071, Police Station- Park Street and represented by its authorized representative Mr.Ashok Kumar Goenka.
(3.) A petition of complaint being no.C/4906 of 2013 was initiated by the opposite party no.2 before the Court of Learned Chief Judicial Magistrate, Alipore, Kolkata, against the present petitioners under the provisions of Sections 403 , 405 , 406 , 415 , 418 , 420 / 120B of the Indian Penal Code. On the basis of that petition of complaint, the Learned Chief Judicial Magistrate, Alipore, Kolkata, took cognizance of the offences alleged vide order dated July 1, 2013, and transferred the case to the Learned Judicial Magistrate, 7th Court, Alipore, Kolkata, for disposal. Learned Judicial Magistrate, 7th Court, Alipore, examined the complainant/opposite party no.2 under Section 200 of the Code of Criminal Procedure, thereafter, the Learned Magistrate opined that there was prima facie case for proceeding against the petitioners for commission of the alleged offences punishable under Sections 420 , 406 and 120B of the Indian Penal Code. Learned Magistrate, vide order dated July 15, 2013, issued process against the present petitioners to face trial for commission of alleged offences.;