Debi Prosad Dey, J. - (1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the proceedings of Hare Street Police Station Case No. 169 dated 28th March 2010 under Section 120B/420 of the Indian Penal Code, pending before the Court of the Learned Chief Metropolitan Magistrate at Calcutta.
(2.) The petitioners have filed this application under Section 482 of the Code of Criminal Procedure for quashing of the aforesaid proceedings on the ground that the business transaction in between the companies has been converted into criminal proceeding in order to rope in the present petitioners in the alleged offence and that the dispute between the parties being civil in nature, the instant proceeding is not maintainable in law and is required to be quashed to prevent abuse of the process of law and for the interest of justice.
(3.) The facts of the case in brief is that the opposite party No. 2 being M/s. Festino Marketing Company Private Limited had filed a complaint before the Court of the learned Chief Metropolitan Magistrate at Calcutta against one Anoop Hoon and S.D. Mukherjee as Directors of M/s. Bells Control Limited having its registered office at "Bells House", 21, Camac Street, Police StationShakespeare Sarani, Kolkata-700 016, on the allegation that Anoop Hoon and S.D. Mukherjee made them acquainted with the opposite party No. 2 and introduced themselves as Directors of the said company and thereafter entered into business transactions. The opposite party No. 2 supplied materials worth Rs. 20,98, 602.36 to Anoop Hoon and S.D. Mukherjee and ultimately the said Anoop Hoon and S.D. Mukherjee had paid Rs. 2,48,789.56 towards satisfaction of that amount but could not pay Rs. 18,49,812.80. Anoop Hoon and S.D. Mukherjee however issued cheques of Rs. 1,00,089.85 and Rs. 1,00,000.00 in favour of the opposite party No. 2 but the said cheques were dishonoured. Accordingly, on the basis of an application under Section 156 (3) of the Code of Criminal Procedure the matter was reported to the Police and after completion of investigation the investigating agency submitted report in final form, praying for closure of the case against Anoop Hoon and S.D. Mukherjee and M/s. Bells Control Limited on the ground that the dispute was purely civil in nature.;