Md. Mumtaz Khan, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioners praying for quashing of the proceeding of Complaint Case No.165 of 2007 under Sections 420/406/409/ 506/120B of the Indian Penal Code pending before the Court of learned Judicial Magistrate, 4th Court, Barrackpore, North 24-Parganas.
(2.) The complainant, opposite party no.2 herein, availed a car finance from one Magma Leasing Limited for an amount of Rs.1,87,000/- and pursuant to the car loan agreement March 11, 2002 complainant issued some post dated cheques in favour of Magma Leasing Limited towards the payment of successive EMI against the borrowed amount of the said car finance. In the month of August, 2004,the complainant was persuaded to enter into a "Car Overdraft Finance Scheme" with the petitioner Bank through the petitioner nos.2 and 3 with the promise that the petitioner Bank would repay the outstanding car loan amount of Rs.1,02,270/- for and on behalf of the complainant to the said Magma Leasing Limited. Thereafter, the petitioner bank by a letter dated August 5, 2004 informed the complainant that payment of Rs. 1,02,207/- was made to Magma Leasing Limited by a Demand Draft dated August10,2004 and therefore, the car overdraft account being no.627705043918 of the complainant was debited by the petitioner bank and that a balance overdraft limit of Rs.32,130/- would be available to the complainant. Subsequently, while the complainant was making payment by cheque, it was discovered in the month of August, 2005 that the said Magma Leasing Limited went on encashing the earlier deposited post dated cheques of the complainant for the period for September, 2004 to August, 2005. After discovering the said fact, the complainant issued legal notice to the petitioners asking them to furnish the document to establish that the petitioner Bank had really made payment of Rs.1,02,270/- to the Magma Leasing Limited but to no effect. The complainant then filed a case being no.C-758/05 against the petitioners including the said Magma Leasing Limited. Thereafter, Magma Leasing Limited referred the entire dispute as to the question of their claim of non-recovered outstanding car loan in the name of the complainant to the arbitration proceeding and during that arbitration proceeding complainant's vehicle was seized away from her custody by the Receiver appointed by the 8th Bench of City Civil Court in connection with Misc. Case No.1787/06 instituted by the Magma Leasing Limited.
(3.) Subsequently, the aforesaid dispute between the complainant and Magma Leasing Limited was ended in compromise and the complainant had to pay of all the dues outstanding which wrongfully, maliciously and fraudulently claimed to have been paid by the petitioners. The petitioners willfully with an intent to cheat the complainant told her that the amount had been paid by the petitioner Bank and during the period from September 25, 2004 to July 19, 2005 petitioner no.1 bank had wrongfully and fraudulently collected an amount of Rs. 81,140/- from the complainant. The petitioners by misrepresenting the fact and by inducing the complaint had obtained the original vehicle registration certificate of the complaint with intent to extort money from the complainant. On account of fraud committed by the petitioners, the complaint had to incur a major loss in terms of money and in terms of her social esteem and dignity. The complainant was induced by the petitioners to entrust her valuable documents and immovable property upon the petitioner no.1 and the petitioners induced the complainant and cheated her.;