SUBHASIS DASGUPTA, J.

1. This revisional application is for quashing of a proceeding in connection with complaint case 538 of 2015 under Sections 406/420/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Asansol, Paschim Bardhaman.

2. Learned advocate for the revisionist submitted that in the instant prosecution, an endeavour was undertaken to convert a civil litigation into a criminal case for having committed breach of the promise with respect to the terms of the agreement already entered into between the parties. Thus according to revisionist, the criminal intention, being the crux of the offence complained of, not being existed at the time, when the agreement was entered into between the parties the continuation of the proceeding under Sections 406/420 of the IPC will be an abuse of process of the Court for want of required intention so as to establish the culpability, as against the revisionist.

3. Learned advocate, Mr. Panda representing the State submitted repelling the contention of the revisionist that the required criminal intention to cheat the complainant existed at the very beginning of the transaction when the revisi