JUDGMENT :

Shampa Dutt Paul, J.

1. The present revision has been preferred praying for quashing of the proceeding in Case No.CN 11727 of 2017 under Section 406 of the Indian Penal Code, 1860 pending before the Court of the learned Metropolitan Magistrate, 18th Court at Calcutta including the Order of Cognizance (undated) and Order dated May 6, 2017 passed therein.

2. The petitioner's case is that the petitioner no.1 is a Company within the meaning of the Companies Act, 2013 and duly incorporated under the provisions of the Companies Act, 1956 having its registered office at the address as mentioned in the cause title hereinabove.

3. On or about February 23, 2017 the opposite party no.2 herein filed a complaint before the Court of the learned Additional Chief Metropolitan Magistrate at Calcutta, alleging commission of offences under Section 406 of the Indian Penal Code, 1860 against the petitioner on the allegations that the “proprietor” of the petitioner approached the opposite party no.2 for expansion of the business of the opposite party no.2. On the assurance of the “proprietor” of the petitioner, the opposite party no.2 agreed to start the business with the petitioner and supplied