TIRTHANKAR GHOSH,J. - (1.) The revisional application has been preferred for quashing of the proceedings being Case No. C-2216 of 2006 pending before the learned Metropolitan Magistrate, 14th Court, Calcutta under Sections 406/420/120B of the Indian Penal Code and all orders passed therein.
(2.) On an earlier occasion this Court directed Mr. Sourav Chatterjee, learned advocate appearing for the petitioners, to submit the certified copy in respect of the latest stage of the proceedings before the learned court below, accordingly Mr. Chatterjee submitted the certified copy which reflects that the present criminal case is still pending before the learned Metropolitan Magistrate, 14th Court, Calcutta. The certified copy so filed by Mr. Chatterjee be kept with the record.
(3.) The prosecution case as set out in the petition of complaint is in respect of non-payment of an amount of Rs.73,767/-(approx) in respect of the connections provided to the accused persons/petitioners under CAF No.2800496261. In this regard paragraph nos. 7,11,12 and 16 are set out as follows:- "7. That pursuant to the 4 nos. of basic telephone connections provided to the accused vide Consumer Application Form (CAF) No. 2800496261 by the complainant, the accused paid an earnest amount of Rs.7200/- towards connection charges, against which requisite receipt was issued in the name of the accused no. 1 by the complainant. It is pertinent to mention here that, the earnest amount of Rs.7200/-, which was paid towards connection charges by the accused, was adjusted in the subsequent bill, which was raised by the complainant." "11. Thereafter the complainant company started issuing and/or raising bills for the respective billing periods upon the accused for use and utilization of the aforesaid basic phone connections. Though the accused duly received, admitted and acknowledged all such bills raised by the complainant from time to time without raising any disputes and though the accused specifically confirmed, promised and assured to abide by all the terms and conditions and further to make payments of the same regularly and punctually, the accused deliberately failed and/or neglected to act accordingly thus resulting in gross contraventions of the terms and conditions of the agreement entered into by and between the complainant and the accused." "12. Though according to the terms and conditions which were expressly agreed upon by the accused, they were under strict obligation to make payment of the bills and/or invoices duly raised upon the accused by the complainant company from time to time, but they still deliberately failed and/or neglected to make payments regularly and punctually of the bills and/or invoices raised by the complainant. That due to such non-payment of the bills and/or invoices by the accused in respect of the aforesaid basic telephone connections, a sum of Rs.73,767/- (approx) in respect of the connections provided to the accused under CAF No. 2800496261 became due and payable by the accused to the complainant." "16. That finding no other alternative the complainant, issued a letter of demand through his Learned Advocate, inter alia, demanding the entire outstanding amount in relation to the above referred basic telephone connections as due and payable by the accused persons forth with and has also demanded them to make payment of the same at the earliest but inspite of above, the accused persons have deliberately failed to act accordingly as a result of which a sum of Rs.1,04,979.54 only inclusive of interest calculated @ 18% per annum as agreed between the complainant and the accused as on 31st January, 2006 is lying due and payable by the accused persons to the complainant company." ;