Sankar Acharyya, J. - (1.) Three petitioners including the petitioner no. 1, a company and its managing Director and a Director as petitioner nos. 2 and 3 respectively have filed this application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceeding of a complaint case against them being No. C- 8512 of 2013 (T.R. 958 of 2013) under Sections 420/406/120 B of the Indian Penal Code pending before the learned Judicial Magistrate, 7th Court, Alipore. The petitioners are accused in the complaint case which was initiated by the opposite party company as complainant.
(2.) Since filing this application on several occasions the petitioners prayed for stay of further proceedings of the complaint case (C- 8512 of 2013) and interim orders of stay were passed time to time and lastly on 17.07.2015 the interim order was extended for a period of eight weeks or until further order whichever is earlier. Thereafter, the petitioners remained unrepresented on 23.12.2015, 8.01.2016, 29.01.2016 and 03.02.2016. Under such circumstances notwithstanding absence of representation of the petitioners learned counsel for the opposite party has been heard for disposal of the case on merit.
(3.) Perused the application under Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) and its annexures and also the supplementary affidavit with the annexure. At the time of hearing learned counsel for the opposite party advanced the arguments that the opposite party lodged a complaint before the learned Chief Judicial Magistrate at Alipore against the petitioners as accused alleging commission of offences of cheating and criminal breach of trust hatching a criminal conspiracy. Learned Chief Judicial Magistrate took cognizance of the offences rightly and transferred the case to learned Judicial Magistrate, 7th Court for inquiry and disposal. Learned Judicial Magistrate examined witnesses of complainant and got the matter investigated under Section 202, Cr.P.C. and on being satisfied about prima facie case issued process against the petitioners. He has submitted that filing of this case in High Court is a dilatory tactics of the petitioners and the application under Section 482 of the Code of Criminal Procedure may be dismissed.;