JUDGMENT :

Rai Chattopadhyay, J.

1. In this case the petitioners, i.e., a juridical person/company namely, Shree Coke Manufacturing Company Pvt. Ltd. and its officer, have prayed for quashing of the criminal proceeding against them, which was initiated pursuant to the complaint, being Hare Street Police Station Case No.420 dated 09.07.2015 under Sections 120B/420/406 IPC. The connected G.R case is G.R. No. 1597/15, now pending in the Court of Ld. Chief Metropolitan Magistrate at Calcutta. Opposite party No.2, i.e., another juridical person namely, M/s. Prasad Seeds Pvt. Ltd. and its officer are the complainant.

2. The dispute arose and the offences of cheating and criminal breach of trust, have been levelled, with respect to alleged deception and fraud committed through an ‘agreement for sale’, entered into between the petitioner and the opposite party No.2 companies, on 16.04.2015. Sale was relating to 244 decimals of agricultural land comprised in Dag No.358 (part), 359 (part), 360 (part), 362 and 363, Mouza - Palroah, J.L.No.10, L.R Khatian No. 496, 495, situated within jurisdiction of Uluberia Police Station in Howrah. By executing the said agreement for sale the petitioner/company sold the concerned landed property as mentioned above to the opposite party No.2/company for valuable considerations.

3. Unfortunately within a period of two months and odd, the complainant company/opposite party No.2 filed the complaint in the Court of Chief Metropolitan Magistrate at Calcutta which was registered as C. Case No. 116/2015. The allegations made therein may be summarised, as herein below:-

The complainant/opposite party No.2 has disclosed that in and around February 2015, it had decided to purchase landed property in West Bengal for industrial/commercial purpose. In doing so allegedly it had been induced, dishonestly and fraudulently by the petitioner/company to purchase the landed property as described above. The discloser by the petitioner/company as regards the land being free from all encumbrances, has been narrated to be pursuant to their culpable intention to cheat the de facto complainant/opposite party No.2/company. Allegedly the de facto complainant company/opposite party No.2 was persuaded by insistence and deception to part with the consideration money, pending necessary investigation as to the title of the property. The earnest money of an amount of Rs.81,50,000/- exchanged hands, vide three cheques dated 04.03.2015 and 16.04.2015 (two cheques) respectively. It is stated all the said cheques were duly encashed by the petitioner company.

It is a specific allegation of the complainant/company that at the time of execution of agreement the petitioner/company had supplied only incomplete documents and suppressed the necessary facts like charges against the concerned property etc. Allegedly it is only after realisation of the earnest money as above, the petitioner/company had disclosed about the property being mortgaged. This, the complainant has stated to be in deviation of their assertion, declaration and stand in the agreement for sale dated 16.04.2015. Thus, false representation, fraud, cheating and mis-appropriation by way a criminal conspiracy was alleged against the petitioner/company. The complainant has further stated about the many more irregularities with respect to the title of the property, which they say to have discovered during searching. Those are like discrepancy of the name of the owner in the record of rights and also possession of the portion of the property by Bargadar etc, which the complainant has stated are in contravention of the declarations by the vendor/petitioner in the said deed dated 16.04.2015. The complainant has further stated that the petitioner/company, even after being approached, has not taken any step for redress of complainant’s grievance as above. Hence, finding no other way the criminal proceeding was initiated against the petitioner under Sections 120B/420/406 IPC.

4. To the said complai