1. The instant revision revolves around an application with a
prayer for quashment of proceedings being case no.
CN/470/2020 under Sections 420/406/120B of the Indian
Penal Code (hereinafter referred to as IPC), presently pending
before the Ld. Metropolitan Magistrate, 8th Court, Calcutta.
Backdrop:-
2. The genesis of the impugned proceeding is a complaint made
by the opposite party herein against the petitioners before the
Court of Ld. Additional Chief Metropolitan Magistrate (for short
A.C.M.M). Calcutta alleging inter alia that the opposite party
provided a loan of Rs. 15 lacs through RTGS along with interest
@ 17% per annum purely on a short term basis i.e. a period of
120 days from October 25, 2011. Thereafter, the said loan was
renewed from time to time for a period of 120 days each and
upon every renewal fresh cheques were issued and previous
cheques were replaced. But on one occasion when the
petitioner had issued cheques to the opposite party towards
payment of principal amount, the said cheques were returned
dishonored with remarks „funds insufficient‟. Thereafter, on
22.01.2020 when the opposite party demanded the principle
amount from the petitioner, the petitioner refused to pay such
amount and as a sequel a legal notice dated 04.02.2020 was
sent by the opposite party to the petitioner. Since an amount of
Rs. 15,00,000/- had been lying due in respect of refund of
principal amount, the opposite party filed a complaint alleging
commission of offences under Section 406/420/120B of the
IPC against the petitioner wherein the Ld. A.C.M.M. was
pleased to take cognizance of the said complaint vide order
dated 29.06.2020 and transferred the same to the Court of Ld.
Metropolitan Magistrate, 8th Court, Calcutta for disposal. Ld.
Magistrate issued summons and examined one witness under
Section 200 of the Code of Criminal Procedure (for short CrPC)
and accordingly issued process against the petitioner. Being
aggrieved with the impugned proceeding, the petitioner
approached this Court with a prayer for exercise of inherent
jurisdiction.