Sri Sushil Kumar Berlia vs The State Of West Bengal & Anr on 14 March, 2022

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Calcutta High Court (Appellete Side)

Sri Sushil Kumar Berlia vs The State Of West Bengal & Anr on 14 March, 2022

Bench: Tirthankar Ghosh

14.03.2022                IN THE HIGH COURT AT CALCUTTA
Item No.60                CRIMINAL REVISIONAL JURISDICTION
Ct.No.34
   dc.
                                  C.R.R. 1919 of 2016

                                 Sri Sushil Kumar Berlia
                                          versus
                            The State of West Bengal & Anr.

             In Re: An Application under Section 482 of the Code of
             Criminal Procedure filed for quashing of proceedings being
             G.R. Case No. 2080 of 2015 arising out of Siliguri (Panitanki)
             Police Station Case No. 540 of 2015 dated 18.06.2015 under
             Sections 403/406/420 of the Indian Penal Code pending
             before the learned Additional Chief Judicial Magistrate,
             Siliguri, Darjeeling.


             Mr. Ayan Basu,
             Mr. Samrat Das,
             Mr. Sumit Routh                  ... For the Petitioner.

             Mr. Saryati Datta                ... For the State.

             Mr. Pratim Dasgupta,
             Mr. Pradeep Sancheti             ... For the Opposite Party No.2.



                    The present revisional application has been preferred

             challenging Siliguri (Panitanki) Police Station Case No. 540 of

             2015 dated 18.06.2015 under Sections 403/406/420 of the

             Indian Penal Code.

                    The contention of the petitioner amongst others is that

             the present case is barred on the issue of second FIR.

             According to Mr. Basu, learned advocate appearing for the

             petitioner, the present is a case which would be clear from

             the allegations made in the FIR that was for recovery of dues.

             Learned advocate for the petitioner further submits that

             there are two civil cases pending between the parties on the

             selfsame subject matter.
                           2




      Mr. Datta, learned advocate appearing for the State

submits that once the investigation has been concluded, trial

must be taken to its logical conclusion. Learned advocate

further submits that the allegations made in the FIR as well

as in the charge-sheet do substantiate the charges under

Sections 406 and 420 of the Indian Penal Code as there are

glaring materials pointing out regarding the issue of advance

and non-payment thereof by the petitioner.

      I have considered the allegations made in the petition

of complaint as well as the subsequent charge-sheet which

has been filed therein. I find that the case was initiated

under Sections 403/406/420 of the Indian Penal Code, but

in the letter of complaint itself it has been stated that as on

31.03.2015

the total amount recoverable from them along with interest is Rs.21527111/-. The Investigating Officer while submitting his report under Section 173 of the Code of Criminal Procedure has referred to the contents of the letter of complaint and has specifically stated as follows :

"The new directors of the said company stopped selling their tea in auction through us nor did the said company directors refused and/or return our dues in spite of repeated letters, demands and persuasions. It may be mentioned that the erstwhile directors during their tenure in office as directors ever gave personal guarantee, endorsed promissory note and P.D.C. etc in our company's favour as security for repayment with interest in the event they failed to sell their teas through us as their selling broker since December 2007. As on 3 31.03.2015 the total amount recoverable from them along with interest is Rs.21527111/-."

Having regard to the nature of the allegations and tenor and spirit of the FIR as well as the charge-sheet, prima facie, I am of the opinion that the same refers to breach of agreement and no case for cheating or criminal breach of trust within the meaning of provisions under Sections 406 and 420 of the Indian Penal Code is made out. Further the allegations do not satisfy the basic definition of Section 403 of the Indian Penal Code. In fact, a civil dispute for recovery has been converted and given the cloak of a criminal proceedings. Having regard to the same, I am of the opinion that further continuance of Siliguri (Panitanki) Police Station Case No. 540 of 2015 is an abuse of the process of the court and as such, the same is liable to be quashed. Thus, the proceeding being G.R. Case No. 2080 of 2015 arising out of Siliguri (Panitanki) Police Station Case No. 540 of 2015 dated 18.06.2015 under Sections 403/406/420 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Siliguri, Darjeeling is hereby quashed.

Accordingly, the revisional application being CRR 1919 of 2016 is allowed.

Interim order, if any, is hereby made absolute. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)

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