PARTHA SAKHA DATTA
Sunrise Sports India Pvt. Ltd – Appellant
Versus
STATE OF WEST BENGAL – Respondent
(1.) BY this application dated 13. 07. 2007 under Section 482 of the Cr. P. C. the two petitioners who are accused in Complaint Case No. 6433 of 2007 under Section 420/406 of the IPC pending before the learned Chief metropolitan Magistrate, Calcutta pray for quashing of the proceedings on the ground that the petition of complaint does not disclose any prima facie criminal offence.
(2.) THE O. P. No. 2 had an agreement with the two petitioners for supply of sports shoes as consignment agent of the accused No. 1/petitioner no. 1 to the relevant parties as may be directed by the accused No. 1/ company. At the start of the business transaction the accused No. 1 demanded Rs. 5 lac towards security deposit and the complainant-O. P. No. 2 made over three cheques, being No. 196266 for Rs. 1,50,000/-, No. 196267 for Rs. 2 lac and No. 196265 for Rs. 1,50, 000/-all undated thus totaling a sum of Rs. 5 lac drawn on Canara Bank, Sikh Temple Road, guwahati and it was understanding between the parties that the cheques should not be presented by the accused No. 1/company to its banker and they would be returned to the complainant after completion of the business of the transaction. The
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