JUDGMENT :

Shampa Dutt Paul, J.

1. The present revision has been preferred praying for quashing of the proceeding being Complaint Case No. CS/0088320/2016 under Sections 406/420 of the Indian Penal Code now pending before the Learned Metropolitan Magistrate, 8th Court, Calcutta.

2. The petitioners’ case is that the opposite party no. 2 in the complaint dated 25.05.2016 has stated as follows :-

i. That during the period 2008 to 2016 the petitioners supplied defective goods worth Rs. 2,27,57,995.10/- which is still lying in the godown and the petitioners herein have failed to pay or refund the amount nor did they replace the defective goods with new one and that letter of credit that is required to be made within 90 days had already been made in terms of the agreement.

ii. That the complainant company on several occasions requested the petitioners to pay the money back but a total sum of Rs. 2,27,57,995.10/- is still lying outstanding to be payable by the petitioners herein and that the complainant being the opposite party no. 2 is entitled to get an interest on the sum outstanding at the rate of 18% per annum and also to have a sum of Rs.68,460/- as compensation for blocking the godown o