JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceeding in case no. 44C of 2017, under Section 504/506 of the Indian Penal Code, pending before the Learned Additional Chief Judicial Magistrate, Kalyani, Nadia and also the order dated 22.11.2017 thereby issuing process against the petitioner.

2. The petitioner’s case is that the petitioner is the Director of M/S Afraa Engineering Private Limited. Case No. 44C of 2017 has been initiated on the basis of a petition of complaint filed by the opposite party herein before the court of the Learned Additional Chief Judicial Magistrate, Kalyani, Nadia, alleging commission of offences by the petitioner, punishable under Sections 420/406/504/506 of the Indian Penal Code.

3. The allegations leveled in the said petition of complaint are inter alia to the effect that –

a) That the accused is the proprietor of M/s Afraa Engineering Private Limited Company.

b) It is alleged that on 04.05.2015 the accused made a contract with the complainant for the supply of construction materials and other works at Dakshin Dinajpur, Kushmandi. According to the said contract, the complainant had allegedly completed the construction work within a stipulated time period i.e. from 06.10.2015 to 12.12.2015 and the accused was very happy with the work of the complainant.

c) The complainant had raised bills dated 24.01.2016 for a sum Rs. 12,49,091/-vide bill Nos. 310, 311 and 312. In spite of the submission of the said bills, the accused was continuously delaying the payment. After repeated requests, the accused made a payment of Rs. 6,66,713/-on 14.03.2016. Then on 30.03.2016 the accused again made a payment of Rs. 1,97,313/-vide cheque no. 43568 on 30.03.2016 but cheque that was dishonoured. However, the complainant did not file a case for dishonor of cheque on the request of the accused.

d) The opposite party made several requests for the payment but the accused did not pay. After several requests the complainant sent a notice to the accused on 30.09.2016.

e) It is alleged that the accused on 22.01.2017 came to the office of the opposite party and threatened him saying that his demand for the money was not rightful.

f) It is further alleged by the Complainant that a sum of Rs. 5,82,378/-is due from the accused to the Complainant plus Vat and service tax.

4. On the basis of the said complaint the Learned Additional Chief Judicial Magistrate, Kalyani, Nadia, was pleased to register a complaint case against the petitioner.

5. After examining the complainant on oath, in terms of Section 200 of the Code of Criminal Procedure, the Learned Additional Chief Judicial Magistrate, Kalyani vide an order dated 03.03.2017 was pleased to direct the inspector-In-Charge of the Chakdah Police Station to inquire into the matter by himself or through any subordinate to him as per Section 202 of the Code of Criminal Procedure and to submit a report before issuance of process.

6. On 22.11.2017 upon perusing the said police report filed in terms of Section 202 of the Code of Criminal Procedure and considering the allegation in the said petition of complaint, the Learned Additional Chief Judicial Magistrate, Kalyani vide an order dated 22.11.2017 was pleased to issue process against the petitioner under Sections 504/506 of the Indian Penal Code.

7. That due to certain unavoidable circumstances the petitioner on certain dates could not appear before the Court of the Learned Additional Chief Judicial Magistrate, Kalyani. Subsequently vide an order dated 21.12.2017 Learned Additional Chief Judicial Magistrate, Kalyani was pleased to issue a warrant of arrest against the petitioner.

8. On 08.05.2018 the petitioner voluntarily surrendered before the Court of Learned Additional Chief Judicial Magistrate, Kalyani, Nadia, when the Learned Court was pleased to grant bail to the petitioner.

9. Again on 06.12.2018 Learned Additional Chief Judicial Magistrate, Kalyani was pleased to issue another warrant