Md. Mumtaz Khan, J. - (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the petitioners/accused persons praying for quashing of the proceeding in connection Ghola Police Satiation Case No. 58 dated March 21, 2007 under Section 420/408/34 of the Indian Penal Code (G.R. Case No. 692 of 2007) pending before the Judicial Magistrate, 1st Court at Barrackpore.
(2.) The complainant/opposite party no.2 lodged a written complaint before the officer-in-charge Ghola P.S. alleging that petitioner no.1 approached him for appointing her as a retailer of his company Sri Laxmi Online Infotech for running lottery under the name and style M/s Jaydeep enterprise and on being induced he accepted her proposal and appointed her retailer of their company and installed lottery machine at her place of business. The petitioner no. 2 and 3 being daughter and son-in-law of the petitioner no.1 used to manage the said business and also used to make payments but recently petitioners have developed malafide intention and ill motive not to pay the legitimate dues and they not only refused to clear the legitimate dues but also retained the lottery machine and have thus committed the offence of cheating and criminal breach of trust.
(3.) On the basis of that complaint Ghola P.S. Case No. 58 dated March 21, 2007 was started against the petitioners under Section 420/408/34 of the Indian Penal Code which after investigation ended in charge sheet. Thereafter, on July 14, 2015 charge was framed against the petitioners under Section 420/34 IPC and in addition to that a charge under Section 408 of the Indian Penal Code against the petitioner no.1 and trial commenced.;