IMPORTANT POINT
Criminal proceedings should not be used to scuttle legitimate prosecutions and cautioned against criminalizing civil disputes.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of the proceedings being G.R. Case No. 579 of 2020 arising out of Lake Town P.S. Case No. 138/2020 dated 06.09.2020 under Sections 420/419/506/120B of the Indian Penal Code now pending in the court of the Learned Additional Chief Judicial Magistrate, Bidhannagar.

2. The petitioners are both directors of a company namely M/s Dynamic Hatcheries Private Limited having its office at 36, Beck Bagan Road, Kolkata – 700 017, PS- Karaya.

3. The complainant, one Girwar Bajaj, lodged a written complaint on 08.03.2020 with the Officer-in-Charge Lake Town PS and subsequently another written complaint with the Commissioner of Police at Bidhannagar Police Commissionerate on 11.03.2020 making certain allegations against the petitioner. On 07.08.2020, the said complainant filed a petition u/s 156(3) of the Code of Criminal Procedure, 1973 being MP Case No. 45/2020 before the Learned Additional Chief Judicial Magistrate, Bidhannagar praying for a direction to the I/C of Lake Town PS to treat the petition as an FIR and conduct investigation into the matter. However, instead of passing such order of directing the registration of an FIR, the Ld. ACJM was pleased to call for a preliminary enquiry report from the Officer-in-Charge, Lake Town PS as to the alleged facts and to find out whether any cognizable offence was disclosed or not. Further, one Pradip Saha, SI of Police, Lake Town PS conducted such enquiry and submitted a report before the Ld. ACJM, Bidhannagar on 29.09.2020 stating that the aforementioned case, i.e., Lake Town PS Case No. 138/2020 dated 06.09.2020 has been registered in relation to the said matter and the case is under investigation.

4. The allegations in the written complaint are as follows:-

i) The Complainant is the Proprietor of Bajaj & Co. and the Complainant was in business with the above named accused person who is the Director of his Company namely M/S. Dynamic Hatcheries Pvt. Ltd. and the Complainant entered into the business with said accused person on and from 29.07.2016.

ii) During the said business period Maize and Soya D.O.C. was supplied by the said company of the Complainant to the above said accused company on the condition that said accused will pay the amount after 30 days from the date of supplying of Maize and Soya D.O.C. In the year 2016-2017 the Complainant had supplied the goods of an amount of Rs. 51442226/- and in this respect the Complainant had received an amount Rs. 39822003/- out of said Rs. 51442226/- from the said accused and as such Rs. 11620223/- standing due in the year of 2016-2017 upon the said accused.

iii) In the year of 2017-2018 the Complainant has supplied the goods for an amount of Rs. 108883197/- and in this respect the Complainant had received an amount of Rs. 94418990/- and as such Rs. 14464207/- standing due in the year of 2017-2018 upon the said accused person.

iv) In the year of 2016-2017 the standing due amount of Rs. 11620223/- and in the year of 2017-2018 the standing due amount of Rs. 14464207/- upon the said accused person. So, till the year of 2017-2018 the standing due amount of Rs. 26084430/- i.e. (Rs. 11620223/- + 14464207/-) upon the said accused person.

v) Thereafter again in the year of 2018-2019 the Complainant had supplied the goods till 19.03.2019 for the amount of Rs. 63628565/- and up to 11/06/2019 the Complainant had received an amount of RS. 59282270/- and as such Rs. 4346295/- standing due in the year of 2018-2019 upon the said accused person.

5. That the total out dues from 2016 to 2019 is Rs. 11620223 + Rs. 14464207 + Rs. 4346295 = Total Rs. 30431015.

6. In spite of several requests the petitioners/accuseds have failed to pay the said outstanding dues.

7. The petitioners’ further state that on receiving the complaint dated 11.03.2020, the Commissioner of Police, Bidhannagar Police Commissionerate has forwarded the same to Commissioner of Police, Kolkata, who in turn sent i