- (1.) The hearing stems from an application u/s 401 read with Section 482 Cr.P.C. filed by the petitioners praying for quashing the proceeding being G.R. Case No. 1839 of 2001 u/s 420 I.P.C. pending in the Court of Ld. Metropolitan Magistrate, 17th Court, Calcutta.
(2.) On the basis of a complaint u/s 156(3) Cr.P.C. lodged by Opposite Party No. 1, Jorabagan P.S. Case No. 218 dated 05.10.2001 u/s 420 I.P.C. was started inter alia alleging that on 05.04.2001 the petitioners approached the complainant/Opposite Party No. 1 for supply of eleven trucks of jute on assuring that the prices of the goods will be paid immediately on delivery and a letter to that effect by placing the order was issued on that date. The complainant accordingly despatched the goods, worth of Rs. 10 lakhs, to the petitioners who acknowledged the same on 10.04.2001 and directed the complainant to receive the "Ruka" for making payments, and the office of Mohanlal Sohanlal issued four receipts of "Ruka" bearing Nos. 1486-1489 dated 10.01.2001 for a total sum of Rs. 10 lakhs. After getting the order and receipts of "Ruka" when the complainant went to the office for getting payment he was asked by the petitioners to come on the following day. On the following day when the complainant again went there he found the office closed and came to learn that the petitioners had gone to Delhi. The complainant went to the residence of the petitioners at Delhi but he was prevented by two persons from entering there. Being disheartened he came back. After completion of investigation charge-sheet was submitted against the petitioners.
(3.) Petitioner No. 2 was arrested on 10.02.2002. On 22.03.2002 the complainant/Opposite Party No. 1 filed a petition stating that the matter was amicably settled whereupon petitioner No. 2 was granted bail by this Court on 02.04.2002. Petitioner No. 1 on his surrender was granted bail on the basis of an application u/s 320 Cr.P.C. filed by the complainant on 19.02.2003 that the matter has been amicably settled. On the date of hearing of the compromise petition on 25.03.2003 as the petitioners could not appear due to unavoidable circumstances, the complainant filed a petition stating that he is not willing to compromise the matter, and warrant of arrest was issued against the petitioners. In criminal revision being No. 62/2003 preferred by the petitioners further proceeding of the case was stayed by the Ld. Chief Judge, City Sessions Court, Calcutta on 29.04.2003 and subsequently in view of the said order, the trial Court recalled warrant of arrest on 12.05.2003 and stayed all further proceedings on 14.07.2003.;