Malay Marut Banerjee, J. - (1.) The revisionist/petitioners have prayed for quashing the proceedings of complaint case No. 19241 of 2008 under Sec. 429/120B I.P.C. and quashing of all orders passed in that case including order dated November 25, 2008 passed by the Ld. Metropolitan Magistrate, 8th Court, Calcutta.
(2.) In the aforesaid complaint case the revisionist/petitioners have been arraigned as accused persons. Opposite party No. 2 filed the petition of complaint on behalf of M/s. Beekay Steel Industries Limited as its responsible officer and it is stated in the petition of complaint that M/s. Radice Ispat (India Limited) by virtue of an order of Hon'ble High Court, Calcutta was merged with the complainant's company. For proper appreciation of the complainant's case of cheating and criminal conspiracy against the accused persons, the complainant's case, in short, may be summarised as hereunder: - The accused No. 1/company has been acting as the authorised Agent in India of a foreign company namely, Oxford Instrument Analytical OY Finland a subsidy of Oxford Instrument P.L.C. which is the manufacturer, inter alia, of ARC - MET -8000 MOBILELAB S.P. OPTICAL EMISSION ANALYSER. M/s. Radice Ispat (India Ltd.) had placed purchase order dated 06.09.2006 to accused No. 1 company. The accused persons to satisfy and convince the petitioner's company of their authority to act as the lawful agent of the foreign company placed a letter of authorisation dated 8th September, 2005 issued by the said foreign manufacturing company. The price was fixed at Euro 26,000/ - and full payment was to be made on letter of credit. It was specified that any parts failing due to manufacturing defects during those guarantee period would be replaced free of charge on CIF basis by the said foreign manufacturing company and the foreign manufacturing company issued confirmation vide Pro -forma Invoice No. R 7915 dated 12.09.2006. Thereafter it is alleged in paragraph 9 of the petition of complaint that the petitioner company being impressed by such representations and assurances advanced by the accused persons reposed enough confidence, faith and trust upon the accused persons and so believed their such representations and assurances to be honest and true and accordingly thereafter opened a letter of credit with Allahabad Bank, Industrial Finance Branch, 17, R.N. Mukherjee Road, Kolkata on 08.11.2006 of Euro 26,000/ -.
(3.) Although paragraph 9 of the complaint opens with the sentence that "............. being impressed by such representations and assurances ........." but in the preceding paragraph there is no mention as to what were the representations and assurances made by the accused persons and to whom those representations and assurances were made and on which date in which month and in which year such representations were made. Be that as it may, after the petition of complaint was lodged in Court the Ld. Metropolitan Magistrate, 8th Court, Calcutta directed an investigation under Sec. 202 Cr.P.C. and after considering the report passed the following order: -;