Md. Mumtaz Khan, J. - (1.) This is an application under Section 482 read with Section 401 of the Code of Criminal Procedure filed by the petitioner/accused person praying for quashing of the proceeding of CN-0012555/2015 under Section 406/420/120/34/114 of the Indian Penal Code (hereinafter referred to as IPC) pending before the court of learned Metropolitan Magistrate, 17th Court, Calcutta.
(2.) On June 6, 2015 opposite party no.2 through its authorized representative filed a petition of complaint (CN-0012555/2015) against M/s. Gazala Engineering Pvt. Ltd., a company registered under the Companies Act, as accused no.1, its two directors as accused no.2 and 3 and this petitioner as accused no.4 before the Chief Metropolitan Magistrate, Calcutta alleging that some time in or about April 2012 complainant was induced by the accused no.2, Director of M/s. Gazala Engineering Pvt. Ltd. to supply Cast Iron Soil Pipes and Fittings to the project site of M/s. Shapoorji Pallonji & Co. Ltd., India Bulls-Power Plant and in order to create trust and confidence placed a purchase order and to show his bonafideness sent a post dated cheque of Rs.9,77,506/- being the amount of part payment but the same was returned back due to some problem in the factory of the complainant.
(3.) On believing the good gesture of accused no.2, complaint supplied the materials to accused nos.1,2 and 3 as directed by accused no.2 at their directed site without any adverse remark with regard to the quality, quantity or price of the materials. But on receiving the said materials accused no.1 sent a post dated cheque of Rs. 9,77,506/- contrary to the terms and conditions of the order as agreed and stipulated by the accused nos.1to 3. Complainant having no alternative than to accept the said post dated cheque as materials had already been supplied and delivered the material to them.;