Sankar Acharyya, J. - (1.) THIS application has been filed by two petitioners against the opposite party with a prayer for quashing the complaint proceedings being No. 879 of 2013 in the Court of learned 6th Judicial Magistrate at Alipore which has been filed by the opposite party of this application.
(2.) IN substance, admittedly the petitioner No. 1 is a registered company and petitioner No. 2 is a director of that company. The sole opposite party is a partnership firm who is the complainant in Complaint Case No. 879 of 2013 under Sections 406/120B of the Indian Penal Code in the 6th Court of learned Judicial Magistrate at Alipore. Said complaint has been filed against the present petitioners and some others as accused persons. Admittedly, an agreement between the complainant opposite party in one part and the petitioners with two others on the another part was executed on 14.09.2011 for supply of 32 computer sets with accessories and other attachments for smooth running of the computers on higher charges against payments of advance higher charges and security deposit for the said computers. The opposite party agreed to install those computers. Petitioners agreed to make payment of higher charges regularly. Inter alia, the parties agreed that the installed computers will remain under exclusive ownership of the opposite party and in the event of physical damage after installation of the said computers in the premises of petitioner No. 1 and in case of failure on negligence in paying monthly higher charges or service charges for consecutive two months, then, the opposite party of this case would have liberty to uninstall the computer sets along with other accessories from the said place where the computers were installed. It is almost undisputed that the petitioners failed to make payment of higher charges after installation of the computers as per agreement although some payments were made. The opposite party lodged a petition of complaint in the Court of learned Chief Judicial Magistrate at Alipore alleging that the petitioners of this case with dishonest intention of misappropriation closed the operation of their business at their registered office but they were operating those computers in an another place and in that way the breach of agreement and breach of trust has been committed by the petitioners.
(3.) ON receiving the petition of complaint learned Chief Judicial Magistrate at Alipore took cognizance of the offence under Section 406/120B of the Indian Penal Code and, thereafter, transferred the case to the 6th Court of learned Judicial Magistrate at Alipore for disposal.;