Indrajit Chatterjee, J. - (1.) This revisional application has been filed under Section 482 of the Code of Criminal Procedure, 1973 wherein the petitioners, i.e. the accused persons have prayed for quashing of Complaint Case No. 28092 of 2010 under Sections 420/120B of the Indian Penal Code now pending before the learned Metropolitan Magistrate, 8th Court, Calcutta and also have assailed the orders dated 17/9/2010 and 29/09/2010 passed in connection with that case.
(2.) The case as made out in the complaint which I get from page 54 may be stated in brief thus:- As per representation made by these accused persons in the year 2006, an order was placed by the complainant to supply one machine as mentioned in paragraph 4 of the complaint and Rs. 2 lakh was advanced. It was also stated in the complaint that the accused persons allured the complainant party with the features of the machine. Be that as it may, the machine was ultimately installed on or about June or July, 2006 and the residue amount of Rs.6,21,825/- was paid by the complainant party to the accused company. Thereafter, the petitioners claimed in the complaint that after the machine was installed, the machine developed numerous complaints and the function of the machine caused substantial production loss and mental agony and the matter was duly communicated to the accused persons. There was exchange of letters, the accused persons made necessary repairs but these repairs went in vain. Thereafter, the complainant made several reminders and even held a meeting wherein the accused persons admitted their wrong and undertook to repair the faulty parts of the machine without any delay but actually that did not happen. It was further claimed by the complainant that either the machine be replaced and the machine be made workable or the entire value of the machine be repaid to the complainant.
(3.) All these did not yield any result and as such, this complaint was filed under Section 420 read with Section 120B of the Indian Penal Code. After the complaint was filed and cognizance was taken, the case was transferred to the present trial court where one witness, namely, A. K. Guhathakurta was examined under Section 200 of the Code of Criminal Procedure and on perusal of the documents, the court preferred to issue summons against the accused persons (the petitioners before this court) in respect of the offences punishable under Sections 420 and 120B of the Indian Penal Code. Being aggrieved as against the order of issuance of summons, these present proceeding has been filed.;