JUDGMENT :

Subhendu Samanta, J.

1. This is an application u/s 482 of the Code of Criminal Procedure for quashing of a complaint case being no. C60989 of 2016 u/s 120B/420/418/406 of IPC arising out of Shakespeare Sarani Police Station case no. 295 dated 4th November 2011(GR no. 3888 of 2011) pending before the Learned Metropolitan Magistrate 16th Court Calcutta.

2. The brief fact of the case is that opposite party no. 2 (Company) wanted to purchase a landed property belonged to the petitioner’s company. Finally they agreed to each other, the value of the property was fixed to Rs. 4.60 Crores. The OP Company paid the amount of Rs 10 Lakh as advance. There were several correspondence between the parties regarding the taking over the company of the petitioner by the OP no. 2. Ultimately it was not materialised and the petitioner company sale out the landed property in question to other third party. The OP no. 2 filed a civil suit before the appropriate court for specific performance and injunction. OP no. 2 also filed a petition of complaint u/s 156(3) Cr.P.C. before the Concerned Magistrate alleging thereby against the petitioners for commission of offence punishable u/s 420/406/34 of I