Prasenjit Mandal, J:

This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 is at the instance of one of the accused persons praying for quashing the proceeding being C.R. No.92 of 2008 under Sections 420/406/120B of the I.P.C. pending before the learned Judicial Magistrate, Mathabhanga, District – Cooch Behar.

The short fact leading to filing of this application is that the opposite party no.1 filed a petition of complaint before the learned Additional Chief Judicial Magistrate, Mathabhanga against the petitioner and other co-accused persons who are made the proforma opposite party nos.2 & 3 for offences under Sections 420/406/120B/500/501 of the I.P.C. The opposite party executed an affiliation agreement with M/s. SET Discovery Pvt. Limited now renamed as M/s. MSM Discovery Private Limited for subscription of “the One Alliance” channels in the territory comprising Mathabhanga only on 11.12.2007. The opposite party was required to pay monthly subscription of Rs.15,000/- for 18 satellite channels and for that purpose he signed the validation form. But actually the accused persons provided signals for 9 channels. The opposite par