Brij Mohan Chandak & ORS. v. Joonktolee Tea And Industries Ltd. & ORS.

20.06.2023 Sl.No. 27 Ct. 33 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 1562 of 2011 Re: Brij Mohan Chandak and ors.

Mr. Ashis Kr. Mukherjee.........for the o.p.

None appears for the petitioners.

Mr. Ashis Kr. Mukherjee, learned advocate appearing for the opposite party undertakes that he will file the Vokalatnama in course of the day.

The petitioners have filed the instant revisional application under section 482 of the Cr.P.C being aggrieved by the order dated December 3, 2009 passed by the learned Chief Metropolitan Magistrate, Kolkata and order dated December 11, 2009 passed by the learned 8th Metropolitan Magistrate, Kolkata in Complaint Case No. C 60218 of 2009 arising out of (TR 4577 of 2009).

The petitioners had a business transaction with the opposite party/ complainant. The complainant company used to supply Tea to the petitioners' company. The dispute arose between the parties for nonpayment of money out of certain transaction arising concerning the contract to supply the goods. The statement of the petition as well as the orders passed by the learned trial court reveals the dispute to be Civil in nature.

Under such circumstances, the proceedings under Sections 406, 409, 415, 418, 420 read with section 120B of the IPC in the complaint case no. C/60218/2009 is quashed. Accordingly, the revisional application is disposed of. Let a copy of this order be sent to the learned trial court immediately.

( Ananya Bandyopadhyay,J. )