Kanchan Chaakraborty, J. - (1.) Quashing of the proceedings in Hare Street Police Station Case No. 150 of 2005 under Sections 420 read with Section 120B of the Indian Penal Code (corresponding to G.R. Case No. 796 of 2005) pending in the Court of the learned Metropolitan Magistrate, 5th Court, Calcutta, has been sought for by the petitioners, who are made accused nos. 2 to 11 in that case, mainly on the following grounds:- (a) that on the selfsame incident of dishonour of cheques in question a proceeding under Section 138 of the Negotiable Instruments Act was initiated by the opposite party no. 2, M/s. Mansingkha Sons, which is still pending; and (b) that a plain reading of the First Information Report and charge sheet filed thereafter would indicate unequivocally that no offence of cheating under Section 420 of the Indian Penal Code has been attributed to the petitioners/accused.
(2.) A short reference to the factual aspect is set out below for better appreciation of the matter.
(3.) The opposite party no. 2, M/s. Mansingkha Sons, filed one petition of complaint against these petitioners on 14.03.2005 in the Court of the learned Chief Metropolitan Magistrate, Bankshall Court, Kolkata, which was registered as C-2784 of 2005 stating therein that in course of business transactions since 1996 till 2001, the complainant-company supplied palm oil to M/s. Kusum Products Ltd. It was regular course of business transaction. On presentation of bill, payments were made time to time, but there was a shortfall of Rs. 3,70,00,000/-. M/s. Kusum Products Ltd. issued 31 cheques in the year 2001 signed by its authorised agents, Sri Kunal Banerjee and Sri Debasish Sen. Those cheques were dishonoured. M/s. Mansingkha Sons initiated a proceeding under Section 138 of the Negotiable Instruments Act against M/s. Kusum Products Ltd.; its Managing Director, Sri Pramod Dugar, (petitioner no. 2 herein); Ramakant Shah (petitioner no. 8 herein); Kunal Banerjee (petitioner no. 9 herein); Sri Debashish Sen, (petitioner no. 1 herein) and one P. D. Rathi, who is not petitioner herein. That proceeding is still pending. On 06.07.2001, the complainant-company came to know that some of the Directors, excepting Promode Dugar (petitioner no. 2 herein), of the company resigned from their office by filing an intimation to the Registrar of Companies on 11.09.2001. Even thereafter, not being Directors of the Company, the accused nos. 1, 3, 4, 5, 6, 7 and 8, who are not petitioners herein, continued to assure the complainant-company that they would make payment of the due amount. In the year 2005, the complainant-company, M/s. Mansingkha Sons, filed a complaint, mentioned earlier, for prosecuting these petitioners including seven others under Section 420 of the Indian Penal Code on the ground that they have cheated it. That petition was referred to the local Police Station under Section 156(3) of the Code of Criminal Procedure. The matter was investigated into and, ultimately, ended in a charge sheet under Section 420/120B of the Indian Penal Code against the petitioners and one Bachraj Dugar, who is not a petitioner herein.;