Sankar Acharyya, J. - (1.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) has been filed by two petitioners Ramesh Kumar Agarwal and Siddharth Agarwal @ Siddartha Agarwal as accused/petitioner in connection with ACGR Case No. 3737/2014 arising out of Behala Police Station (in short P.S.) Case No. 2332 dated 14.06.2014 under Ss. 420/406/120B of the Indian Penal Code, 1860 (in short I.P.C.) pending before the learned Additional Chief Judicial Magistrate (in short A.C.J.M.), Alipore, 24 Parganas (South). Petitioners have prayed for quashing of that proceeding. The opposite party No. 2 is de facto complainant of that proceeding.
(2.) In short, the case of the petitioners is that they are two directors of M/S Piyarelall Import and Export Ltd., a public limited company. That company deals in import and export of peas and pulses and various other commodities. Opposite party No. 2 is proprietor of Abhishek Food Products. In 2008, business transaction between that company and the opposite party No. 2 started and it was continuing through several transactions. In course of such continuous usual business transactions the opposite party No. 2 approached the said company through one broker Ramanlal Sirsawa, who has also been made accused in the criminal proceeding, for purchasing 100 metric tons of yellow peas @ Rs. 19,500/ - per metric ton and the company agreed to sell upon making entire payment. The opposite party No. 2 made default in keeping the promise and the company was compelled to sell out the yellow peas at a lower rate and sustained huge loss. The company served lawyer's letter dated 26.02.2014 on the opposite party and then filed Money Suit No. 119 of 2014 before the learned Judge, 7th Bench, City Civil Court, Calcutta claiming decree for recovery of company's loss of Rs. 5,80,635 and interest thereon against the opposite party No. 2. After receiving notice of that suit suppressing all material facts the opposite party No. 2 lodged a complaint against the petitioners and aforesaid broker Ramanlal Sirsawa as three accused persons under Sec. 156 (3) of the Cr.P.C. which was treated a FIR of the criminal proceeding in question. Filing a copy of the plaint of the Money Suit and certified copy of the FIR of the criminal proceeding with the application under Sec. 482, Cr.P.C. the petitioners have alleged that the criminal proceeding has been initiated by the opposite party No. 2 as counterblast to the civil suit filed by the company against him. Petitioners have claimed in substance that in the petition of complaint which has been treated as FIR the essential requirements of the offences of criminal conspiracy, criminal breach of trust and cheating are absent stating inter alia, that mere mention of the Ss. and the language of those Ss. is not the be all and end all of the matter and it is required to be brought to the notice of the Court the particulars of the alleged offence committed by each and every accused and the role played by each and every accused in committing the offence.
(3.) The averments of the complaint, treated as FIR under Sec. 156(3), Cr.P.C. speak in substance that there is no mention of any particular event or transaction or particular date of any incident of any transaction. Inter alia, it has been stated in complaint that there were many business transactions and good relation between complainant and accused persons in respect of business of yellow peas. Complainant/opposite party No. 2 used to issue advance cheques in respect of supply of yellow peas and the accused persons (including the petitioners of this case) used to supply yellow peas to petitioner as per invoice. Said transactions were done on the basis of convincing power and upon good belief and trust for the purpose of business transaction and by inducement of the accused persons. Lastly as per ledger balance in the year ended on 31st March, 2012 it revealed that outstanding dues stands as Rs. 3,67,931/ - payable by the company of the accused persons viz. R Piyarelall Import and Export Limited (Said company is not accused in the complaint). Said dues reflected and come out from the confirmation of account and ledger book and other relevant documents dated 1st April, 2010 to 31st march, 2011. Said amount carried forward in the ledger book/ledger account in the year ended on 31st March, 2012. Complainant made several requests to the accused persons for supply of yellow peas in respect of the dues of Rs. 3,67,931/ - for adjustment and the accused persons hatching conspiracy took time giving assurance for compliance of their commitment as soon as possible. Several mobile message correspondence was made in that matter between the complainant and accused persons on 04.02.2014, 27.02.2014, 03.03.2014, 04.03.2014, 03.02.2014 and 28.02.2014. Complainant/opposite party No. 2 also made request in respect of the dues to the accused persons through registered post on 21.12.2012 and 22.05.2013. Subsequently, on negotiation accused persons agreed to refund that amount of Rs. 3,67,931/ - as early as possible. They took time up to March, 2014. But they did not take any action from which the complainant/opposite party No. 2 presumed that no fruitful result may come from the accused persons. From the attitude of accused persons the complainant found that all accused persons making a conspiracy intentionally did not pay the dues. Therefore, the accused persons committed offence punishable under Ss. 420/406/120B of the Indian Penal Code. Complainant informed the matter at Behala P.S. on 09.04.2014 but police took no action till filing of the complaint under Sec. 156(3) of the Cr.P.C. in Court on 29.05.2014.;