JUDGMENT :

(Tirthankar Ghosh, J.) :

1. The present revisional application has been preferred challenging the proceedings/FIR of Hare Street Police Station Case No.16/2019 dated 17.01.2019 (corresponding to G.R. Case No.77 of 2019) under Section 406/420/506 read with Section 120B of the Indian Penal Code including the order dated 11.01.2019 wherein the learned Chief Metropolitan Magistrate, Calcutta was pleased to allow the application under Section 156(3) of the Code of Criminal Procedure directing investigation.

2. The case was initiated by the order of the learned Chief Metropolitan Magistrate, Calcutta dated 11.01.2019. The relevant part of the order is set out as follows:

“The material allegations considered in the light of the annexed documents tend to spell out certain probable offences, the nature and attendant circumstances of which necessitate an investigation by police.

In this view of the matter, the application u/s 156(3) Cr.PC is allowed.

The O.C, Hare Street Police Station is directed to start an investigation upon receipt a copy of the application with the accompanying documents.”

3. The relevant paragraphs relating to the allegations, made in the application under Section 156(3) of Cr.P.C. being C/03/19, is set out as follows:

“1. That the complainant is a Limited Company, incorporated under the provisions of Companies Act, 1956, having its registered office, as mentioned in the cause title of this application, duly represented by its authorized Legal Officer Mr. Sourav Ketan Sahu, by virtue of a Resolution Passed by the Board of Directors.

2. That the complainant company deals with a business of manufacturing of engineering procurement and construction of power and infrastructure assets for power transmission and power distribution to throughout India as well as abroad. The complainant company has also a trading unit by which a trading business deals with various types of iron and steel materials. The company used to received from the different purchasers and to supply iron and steel materials of various types against the said orders on cash and credit basis.

3. That the accused company is a private limited company, having their corporate office as mentioned in the cause title of this application, which is within the area of Hare Street Police Station and under jurisdiction of this Ld. Court. The accused nos. 2 and 3 are the directors of the accused no.1, who used to run the business by taking all material decisions in business and day-to-day affairs of the company and responsible for every decisions, steps and acts of the company.

4. That the complainant doing its business since long with good reputation and fame. The accused no.2 come to the earlier office of the complainant at 11, Dr. U.N. Brahmachari Street, Kolkata 700017 and exposed for a business as he stated that accused no.1 i.e. their company is a trader and supplier of steel materials, deals with to supply material to large scale promoters work in different parts of India and their company needed a huge iron and steel materials as they have some contracts to supply materials to the promoters for development and construction of different infraprojects for which they require iron material and if the complainant company was ready to deal business, then the directors of the company shall talk with the complainant company. Eventually the proposal of good business impressed the complainant company and they were ready to talk with the directors of the accused no.1.

5. That the accused nos. 2 and 3 thereafter talked with the management staff of the complainant company and they made some proposals which became impressive to the complainant company. The accused persons also proposed that they needed huge amount of materials as their supply of materials to infraprojects work was going on large scale basis. The complainant company proposed the mode of payment on c