(1) THE petitioner in the instant criminal revisional application sought for quashing of the charge-sheet under Section 420 of the Indian Penal Code submitted in the Court of Learned Metropolitan Magistrate, 5th Court, Calcutta in connection with G. R. Case No. 2462/04 arising out of Hare Street Police station Case No. 573 dated September 24, 2004.

(2) IT appears from the various averments made in the revisional application and grounds relied upon therein as well as from the written notes of arguments submitted on behalf of the petitioner and the submissions made in support of this application, during the hearing the aforesaid charge-sheet was challenged and prayer for quashing of the same has been made on the following contentions.

(a) The basic facts contained in the First Information Report is lacking of essential elements of offence of cheating punishable under Section 420 of the Indian Penal Code and the materials collected during the investigation does not also make out any case of cheating as against the petitioner.

(b) There is no allegation of initial deception.

(c) There is nothing to show about the existence of fraudulent and dishonest intention on the part