Madhumati Mitra, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioner praying for quashing of the criminal proceedings being complaint Case No. CS/126654/2016 under Sections 417/418/420/120B of the Indian Penal Code and the orders passed in connection with that proceedings pending before the Learned Chief Metropolitan Magistrate, Calcutta.
(2.) The petitioner No. 1 is a company within the meaning of the Companies Act, 2013 and a part of Amrit Group of Companies. The petitioner No. 2 is the wife of petitioner No. 3 and is a Director of petitioner No. 1. The petitioner No. 3 is also another Managing Director of the said company. The opposite party is also a company within the meaning of Companies Act, 2013. The petitioner No. 1 company is engaged in the field of manufacture of animal feed and has been in the business for last 23 years.
(3.) On the other hand, the opposite party had engaged in the business of supplying raw materials which was required for the manufacture of the said animal feed. The petitioner No. 1 and the opposite party started their business relationship for more than five years. On 30th September, 2012, the opposite party supplied certain materials to the petitioner and the said payment was made on 12.10.2012. The petitioners had been in continuous business transaction with the opposite party for the period of four years. There was running course of business between the petitioners and the opposite party from 1st October, 2012 and 31st March, 2016 and payment of Rs.7,19,88,825.12/- (Rupees Seven crores Nineteen lacs Eighty Eight thousand Eight hundred Twenty Five and Twelve Paisa only) was made to the opposite party by the petitioners in connection with that business transaction. It has been alleged by the petitioners that the petitioners found that the material supplied by the opposite party were not up to the standard quality and materials were defective for which the petitioner No. 1 had to suffer both financially as well as loss of business reputation. This issue was discussed with the management of the opposite party and they decided not to make payment for supply of defective materials.;