R.K. Bag, J. - (1.) The petitioner has preferred this revision under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure praying for quashing of the proceeding of case No. C/9444 of 2011 (corresponding to T.R No. 1121 of 2011) pending before the court of learned Judicial Magistrate, 2nd Court, Alipore and challenging the order dated November 9, 2011 passed by the said learned Magistrate in the said complaint case, by which learned Magistrate issued process against the petitioner for the offence under Sec. 417 of the Indian Penal Code.
(2.) It appears from the materials on record that the opposite party No. 2 filed a petition of complaint against the petitioner before the court of learned Chief Judicial Magistrate, Alipore on the basis of which Complaint Case No. C -9444 of 2011 was started. The complaint case was transferred to the court of learned Judicial Magistrate who examined the opposite party No. 2 and his witness and issued process against the petitioner for the offence under Sec. 417 of the Indian Penal Code.
(3.) Mr. Shibaji Kumar Das, learned counsel for the petitioner contends that the allegations made by the opposite party No. 2 do not indicate that the petitioner has committed any offence under Sec. 417 of the Indian Penal Code. By referring to the averments made by the opposite party No. 2 in the petition of complaint, Mr. Das submits that there was love affair between the opposite party No. 2 and the petitioner, but the said love affair did not culminate in the marriage. According to Mr. Das, there was no intention on the part of the petitioner to deceive the opposite party No. 2 from the very inception of relationship between the parties and as such no offence of cheating is made out against the petitioner. Mr. Das also submits that no injury is caused to the reputation of the opposite party No. 2 for failure on the part of the petitioner to contract marriage. Mr. Das has relied on the decisions of the Supreme Court in "Hridaya Ranjan Prasad Verma V. State of Bihar" reported in : (2000) 4 SCC 168 and "V.Y. Jose V State of Gujarat" reported in : (2009) 3 SCC 78 in support of the contention that the contents of the petition of complaint do not disclose any offence under Sec. 417 of the Indian Penal Code and as such the criminal proceeding against the petitioner is liable to be quashed.;