- (1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by the accused petitioners Nos. 1 to 4 for quashing of proceeding being Complaint Case No. C-915/2011 in connection with alleged offences under Sections 120B/409/420 of the Indian Penal Code, pending before the Learned 14th Metropolitan Magistrate, Calcutta. By filing the said application the accused petitioners 1 to 4 have prayed for quashing of the said proceeding.
(2.) According to the petitioners, Learned Court below failed to appreciate the facts and circumstances of the case and had mechanically taken cognizance of the offence by issuing the process for appearance of the petitioners. They have categorically mentioned that the dispute in question is purely of civil nature and for which the opposite party No. 1 had already instituted a proceeding before the District Consumer Disputes Redressal forum on the self-same allegation. They, however, admitted that the dividend and other corporate benefits which were supposed to be sent to the opposite party No. 1, had been inadvertently sent to another person of the same name. It was inadvertent mistake on their part. The complainant opposite party claims himself that he deals in share business, yet he had not taken any steps for twenty years to inform the accused petitioner that he had not received the dividend and the other corporate benefits. By a letter dated 28th July, 1990, the 40 (forty) shares were forfeited of the opposite party No. 1, on the ground that he had not paid the allotment money within the stipulated period. Letter of forfeitures was received by the opposite party No. 1 in 1990 and he did not bother to communicate to the accused petitioners that he was interested in the shares and was willing to make the payment of the allotment money. Only in 2011 i.e. after more than 21 years from the date of such communication, he has raised these issues.
(3.) They agitated that the petition of complaint does not disclose any ingredients of cheating, misrepresentation and any kind of dishonest intention. Therefore, the said proceedings cannot be permitted to go on. Ventilating their such grievances they have prayed for quashing of the proceedings.;