JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceeding being Bhawanipore Police Station Case No.232 dated 03.06.2016 (C.G.R No.2974 of 2016) presently pending before the learned Chief Judicial Magistrate, South 24 Parganas at Alipore, alleging commission of offence punishable under Sections 406/420/120B of the Indian Penal Code.

2. The petitioner's case is that there was a commercial transaction between M/s. Diagold Jewels Pvt. Ltd., and M/s. Marvin Gems Pvt. Ltd. Both are registered under the Companies Act, 1956. M/s. Marvin Gems Pvt. Ltd. is controlled by Mr. Raj Kumar Sobhagmal Jain. The aforesaid commercial transaction was also executed by Mr. Raj Kumar Sobhagmal Jain.

3. That after execution of the aforesaid commercial transaction dispute cropped up with regard to quality of the product.

4. On behalf of M/s. Diagold Jewels Pvt. Ltd. an application under Section 156(3) of the Code of Criminal Procedure was filed before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas.

5. On the basis of the said application under Section 156(3) of Cr.P.C., the learned Magistrate was pleased to direct the Officer-in-Charge