None appears.Seen the record.So it is being disposed of as follows:-There was a prayer for quashing of the proceedings of the petition under Sections 406/420 of the Indian Penal Code in connection with Case No. C-435 of 1998 now pending before the Court of Additional Chief Judicial Magistrate, Sealdah, South 24- Parganas and an order dated 06.04.1999 passed by the learned ACJM, Sealdah.The background of this case in short is that on 17th August, 1998, the opposite party filed a written complaint before the learned ACJM, Sealdah alleging commission of offences under Sections 406/420 of the Indian Penal Code against the petitioner whereupon the learned Magistrate was pleased to forward the said complaint to the Deputy Commissioner of Police for investigation.Item No. 33The said case was registered as Case No. 133 dated 16.10.1998 under Section 520/406 of the Indian Penal Code.Police commenced investigation.After completion of investigation, police submitted a final report and prayed for discharge of the petitioner.Thereafter, the opposite party filed a Naraji petition before the ACJM, Sealdah for taking cognizance of the original complaint.Pursuant to that Naraji petition on April 6, 1999, the learned ACJM under solemn affirmation took cognizance under Sections 420/406 of the Indian Penal Code and directed issuance of process against the petitioner.Pursuant to the warrant of arrest, on 14.04.1999, police arrested the petitioner and produced him before the Court.The allegation in complaint was that sn the complainant is a food-grain dealer.The petitioner is an importer and exporter of food-grains.The complainant had business transactions with the accused for last 2/ 3 years.During the course of business the complainant purchased different types of food-grains from the accused.In December 1997 the complainant asked the accused to supply 70 M.T. canada motor at the rate of Rs.10,350/- per M.T. and for supply of the same the accused induced the complainant to pay Rs.7,24,500/-.Complainant paid the same by six different cheques.The accused encashed all the cheques.But the accused did not send the goods within the schedule time.Complainant thereafter, reminded the accused for sending the goods but the accused did not.Then the complainant sent legal notices to the accused.The accused in reply to such legal notice denied his liability to supply the said goods.The petitioner states that the complainant through broker approached the petitioner for supply of 220 M.T. of imported chick peas @ Rs.20,700/-/M.T.by December 31, 1997 and in default , the petitioner shall be liable for interest @ 18% per annum and on that account made an advance of Rs.6,21,000/-.Accordingly, the petitioner arranged for delivery of the said 220 M./T. of imported chick peas and informed the opposite party.But the opposite party failed and neglected to take delivery of the said chick peas or to make payment of balance sum of Rs.39,33,000/- plus interest.Being aggrieved by and dissatisfied with the continuance of the proceedings in connection with the case No. C-435 of 1998 under Section 420/406 of the Indian Penal Code the petitioner has come up before this Court.

Cited provisions: Section 406 in The Indian Penal Code; Section 420 in The Indian Penal Code