Ashim Kumar Roy, J. - (1.) THE petitioners who have been arraigned as accused in connection with a case instituted on a complaint relating to the offence punishable under sections 420/406/408/506IPC, which is now pending before the learned Judicial Magistrate, 6th Court, Sealdah, South 24 -Parganas, being Complaint Case No. 736 of 2013, has approached this court for quashing of the same.
(2.) HEARD the learned counsel appearing on behalf of the parties. Considered their respective submissions. Perused the impugned complaint and other materials on record. Quashing has been sought for on the grounds, (a) Since the alleged misappropriated amount was payable to the complainant on account of maintenance and repair of vehicle, the dispute, if any, is civil in nature. (b) The amount allegedly misappropriated is contradictory. (c) In the petition of complaint it was alleged that total sum of Rs. 6.2 lakhs was misappropriated but in the notice the same was alleged to be Rs. 6.47 lakhs. (d) In the advocate's notice it was admitted that the complainant received Rs. 7.5 lakhs from Adarsh Paribahan and the said amount includes Rs. 5.5 lakhs the alleged misappropriated amount. (e) There is no material to show that the alleged misappropriated money was payable by Adarsh Paribahan to the complainant and same has been received by the accused persons, i.e., the petitioners herein. (f) There was no outstanding as alleged. (g) Already on the basis of the self -same allegation, an FIR has been lodged and the same gave rise to Barasat Police Station Case No. 1368 of 2012. (h) The impugned case has been filed by suppressing the real facts. (i) The complainant agreed to settle the matter out of court.
(3.) IN addition to above, the learned counsel for the petitioners vehemently contended that they are innocent and allegations are absolutely false. It is also contended that this complaint case cannot be permitted to proceed any further since over the self -same allegation, a case is under police investigation.;