INDRAJIT CHATTERJEE,J. - (1.) This is an application under Sectgion482 of the Code of Criminal Procedure in which the petitioners have prayed for quashing of the complaint case, being CNS 412129 of 2014, now pending before the learned Metropolitan Magistrate, 19th Court, Calcutta, under Sections 406/420 and Section 120B of the Indian Penal Code. Before I proceed further, I like to reflect herein the fact as I get from the complainant as told by the learned advocate appearing on behalf of the petitioner.
(2.) It was claimed by the complainant/Company, i.e. the opposite party no. 2, that there was an agreement in between that Company and the accused no.1/co -operative society for supply of 100 Bales of Cotton at the rate of Rs. 33,600/ - per candy and as the said contract was accepted by the complainant, the complainant paid a sum of Rs. 79,512/ - to the accused no.1/Company, i.e. 5% of the total sale value.
(3.) On 09 -12 -2012, the complainant requested the accused persons to issue the delivery note in favour of the transporter of the complainant for lifting the goods as per that said contract and in terms of the same, the transporter of the complainant was supposed to lift the material from the godown of the accused persons at Akola in Maharashtra that delivery note was handed over. Thereafter, unfortunately, some trouble arose in the factory of the Complainant's Company and there was "Suspension of Work" for which the complainant was not in a position to lift the materials. The complainant claimed that the situation was beyond the control of the complainant to lift the materials from godown of the accused aforesaid and as such, one letter was written on 24th December, 2013, i.e. after a year of the agreement, requesting the accused persons to refund the aforesaid amount as paid to them in advance by treating the agreement for sale as cancelled. That letter is Annexure P -1 (running page no.18).;