M/S Seri "N" Seri Interiors & ORS v. Jitendra Kumar Sharma & ANR

17.05.2024 SR CRR 2871 of 2012 In the matter of: M/s. Seri " N " Seri Interiors & Ors.

...Petitioners.

Ms. Jharna Biswas Ms. Susmita Biswas Chowdhury ... for the petitioners.

The instant revisional application has been filed for quashing of the proceeding being Complaint Case No.C-2163 of 2012 pending before the learned 5th Judicial Magistrate, (1st Class) at Alipore under Sections 420/406/120B of the Indian Penal Code. The learned advocate for the petitioners is present. Despite service of notice, neither the opposite party nor the learned advocate representing the opposite party no.1 is present before the Court.

Perused the contention of the petition along with the impugned order wherefrom it appears that the disputes between the parties are civil in nature and do not require any interference of this Court. The continuation of the proceeding before the learned trial court will result in abuse of the process of law since disputes between the parties are, primarily, civil in nature. The instant revisional application is allowed. The proceeding being Complaint Case No.C-2163 of 2012 pending before the learned 5th Judicial Magistrate, (1st Class) at Alipore under Sections 420/406/120B of the Indian Penal Code is quashed. Copy of the order be communicated to the department as well as the learned trial Court for due compliance.

(Ananya Bandyopadhyay, J.)