A.B. Mukherjee, J. - (1.) In C.R.R. 3343 of 1997 the petitioner has prayed for quashing the complaint case No. 6/92 of 1997 (G.R. No. 287 of 1997) pending before the ld. Additional Chief Metropolitan Magistrate, Calcutta and also the impugned' order dated 4.10.97.
(2.) The case of the petitioner in short is that opposite party No. 2 filed a complaint before the Ld. Additional Chief Metropolitan Magistrate, Calcutta making certain allegations against the petitioner and others and the latter sent the complaint to the officer in charge of Burrobazar P.S. for investigation by a competent officer treating the petition of complaint as an F.I.R., under section 156(3) of the Criminal Procedure Code. The facts contained in the said complaint which was numbered as C/82 of 1997 in brief is as follows:- One Shyam Mohan Agarwal agreed to sell to the company of opposite party No. 2, 1650 M.T. of wheat at Rs. 550 per M.T. and in pursuance of the agreement 90.5 Lacs was sent to Shyam Mohan Agarwal by the said company. Shyam Mohan Agarwal procured wheat from various sources in Uttar Pradesh and kept the same in the business premises of the petitioner. Said Shyam Mohan Agarwal failed to send the wheat to Calcutta even after several representations by the Company. Ultimately, he sent only 643-831 M.T. of wheat to Calcutta which was received by the company. It is alleged that S.M. Agarwal in conspiracy with the present petitioner sold the remaining stock, of wheat in open market. It is further alleged that the accused persons including the petitioner agreed to refund to the company Rs. 54,30,695/- and in pursuance to the agreement the company sent two representatives but on 24.1.97 the representatives who were forcibly taken away from their place where they were staying to an unknown destination and there they were forced to sign some papers written in Hindi and a sum of Rs. 35 lacs by way of demand draft and Rs. 2 lakhs in cash were handed over to the representatives. The accused persons also refused to pay the balance. One of the representatives, namely, Shri Nemai Bar lodged a complaint with Burrobazar Police Station by a G.D. Entry No. 2496 dated 29.1.97. Another written complaint was submitted by Office Manager of the company with Burrobazar Police Station being G.D. Entry No. 2680 dated 31.1.97. Subsequently, the opposite party No.2 filed another petition of complaint before the Ld. Additional Chief Metropolitan Magistrate. The Ld. Magistrate by order dated 14.2.97 directed the Burrobazar Police Station to treat the complaint as F.I.R. if no specific case was earlier started in consequence of the earlier G.D. entries. On receipt of the complaint section D, case No. 88 under Sections 120B/420/409/442 and 382 of the Indian Penal Code was registered against the petitioner and three others.
(3.) One of the accused person filed a revisional application challenging the continuance of the said proceeding being section D, case No. 88 as well as the order of the Ld. Additional Chief Metropolitan Magistrate dated 14.2.97. The said revisional application being 1217 of 1997 was disposed of by Justice N.K. Batabyal (as he then was) who set aside the order of the Magistrate dated 14.2.97.;