- (1.) This revisional application is for quashing of a proceeding being Case No. C/552 of 2008 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta in respect of commission of alleged offence under Sections 420, 406/120B/34 of Indian Penal Code and all orders passed therein.
(2.) The petitioner is a private limited company and engaged in manufacturing and exporting of Hooka Tobacco Paste having valid license for exporting such article. The petitioner-company exports such articles in a sealed tin containers which are purchased as per recommendation of the intending importer-purchaser and mainly exports the same to Middle East Countries. The petitioner-company has placed several order to supply tin containers with lid for exporting Hooka Tobacco Paste to the opposite party No. 1 in between 2005 to 2006 as per specification given by the importer-purchaser. The O.P. No. 1 has raised tax invoices as against the supply tin containers with lid. The petitioner-company paid through several cheques on number of occasions and cleared the amount placed by the O.P. No. 1 against the said tax invoices in between 2005-2006 and 2006-2007 and those cheques have been encashed by the O.P. No. 1. The petitioner has paid during 2005-2006 and 2006-2007 total sum of L 67,90,137/- (Rupees Sixty seven lacs ninety thousand one hundred thirty seven) only through several cheques which have been duly encashed from time to time by the O.P. No. 1. The petitioner-company on receipt of several complaints through e-mail from foreign buyer regarding poor quality of tin containers made communication to the O.P. No. 1 several times to bring about necessary changes in the quality of tin containers so that it may be rust free and leak proof. The foreign buyers had deducted heavy amount from the bill due to rust and leakage in containers and further instructed to the petitioner-company not to use tin containers of the O.P. No. 1 and accordingly the petitioner has stopped purchasing tin containers from O.P. No. 1.
(3.) It is alleged that the O.P. No. 1 in retaliation and counter- blast tiled a petition of complaint being No. C/552 of 2008 before the learned Additional Chief Metropolitan Magistrate, Calcutta against the petitioner alleging commission of offence punishable under Sections 420/406/ 120B/34 of Indian Penal Code. The Managing Director of the petitioner- company on receipt of summons surrendered before the learned Court of Additional Chief Metropolitan Magistrate, Calcutta on 26.11.2009 and released on bail. The matter has been fixed for evidence before charge. In that backdrop the petitioner filed this revisional application with a prayer for quashing of the proceeding.;