- (1.) In this application under Section 482 of the Code of Criminal Procedure, 1973 (as amended and for short CrPC) the petitioner prays for quashing of proceedings being ACGR Case No. 1238 of 2011 presently pending before the Ld. Additional Chief Judicial Magistrate, Alipore, South 24 Parganas arising out of Survey Park Police Station Case No. 34 of 2011 dated 29th September, 2011 under Sections 406/418 of the Indian Penal Code (for short IPC) and all orders passed therein including the orders dated 30th January, 2012 and 31st March, 2012.
(2.) Sri Himangshu De, Ld. Senior Counsel ably assisted by Sri Sourav Chatterjee, Ld. Counsel appearing for the petitioner have argued that the petitioner and the Opposite Party No.2 (for short OP2) constituted a partnership firm named and styled as M/s Divine Construction Company by executing a partnership deed on the 28th of June, 2007.
(3.) On the 6th of June, 2011 the OP2 filed an application under Section 156 (3) CrPC alleging, inter alia, that the petitioner had fraudulently encashed a cheque of Rs. 16, 80, 000/-.;