JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This revisional application has been directed to quash/set aside the FIR bearing No.812 of 2019 dated October 3, 2019 registered by Sankrail Police Station pursuant to the complain dated October 2, 2019 made by the complainant/opposite party no.2, Sk. Azizul Rahaman.

2. The petitioner has contended in his revisional application that on November 12, 2019 he received a copy of notice dated October 24, 2019 along with a copy of FIR bearing No.812 of 2019 dated October 3, 2019 wherein it has been alleged that the complainant had supplied readymade garments by truck to the petitioner towards which the petitioner issued a cheque bearing No.039173 amounting to Rs.50,00,000/-to the complainant, which was dishonoured and as a result of which the complainant claims to have been cheated by the petitioner.

3. The petitioner is absolutely innocent and in no way connected with the commission of the alleged offence and he has been falsely implicated out of grudge and ill motive and due to a vengeful attitude on the part of the complainant.

4. Mr. Rachit Lakhmani, learned counsel on behalf of petitioner submits that no goods whatsoever was supplied by the complainant /opposite party no. 2 to the petitioner and complainant has failed to disclose any document to show that there was any transaction which took place between the complainant and the petitioner. The petitioner had given the said cheque to the complainant as a security for supply of goods. Moreover, the issue of dishonoured cheque is the subject matter of a proceeding under Section 138 of the Negotiable Instruments Act initiated by the complainant /opposite party no. 2 against the petitioner before the Court of learned Judicial Magistrate, 6th Court, Howrah. Before initiating the aforesaid proceeding under Section 138 of the Negotiable Instruments Act complainant sent notice through his advocate on September 4, 2019 upon the present petitioner and the said notice did not have any mention of committing such offence and does not even contain a whisper relating to cheating and/or criminal breach of trust. Accordingly, it is evident that the complain which culminated into the said FIR under Sections 406/420 of the Indian Penal Code is nothing but a mere afterthought being used by the complainant to harass the petitioner. Furthermore, from a bare reading of the complain, no case of cheating and/or criminal breach of trust is made out against the petitioner. Actually, the complainant is attempting to use the criminal machinery as a tool to extort money from the petitioner which the complainant does not deserve. Accordingly, the petitioner has prayed for quashing the FIR being No.812 of 2019 dated October 3, 2019 which is registered by Sankrail Police Station, Howrah.

5. Learned counsel for the State Mr. Madhusudan Sur submits that investigation has already been ended in charge-sheet and the Sankrail Police Station has submitted charge-sheet against the petitioner under Sections 406/420 of the Indian Penal Code on December 31, 2021.

6. The basic facts contained in the FIR are as follows:-

(a) The complainant had a long standing business relationship and transaction with the accused/petitioner herein and he had every trust on the accused/petitioner and he believed him.

(b) One year back as per verbal order and request made by the accused/petitioner, opposite party no.2 send huge quantity of readymade garments, the value of which would be Rs.1 crore, to the business place of petitioner in Delhi by truck and the said garments were duly received by him.

(c) The petitioner/accused started payment part by part to complainant against the said amount and thus, he made payment of Rs.22 lakhs.

(d) In order to make rest part of payment, petitioner/accused issued a cheque amounting to Rs.50 lakhs.

(e) When the said cheque deposited to the banker of the opposite party no.2, it got dishonoured on the ground of “insufficient fund”.

(f) The opposite party no.2/complainant informed