Calcutta High Court (Appellete Side)
Gac Shipping (India) Pvt. Ltd. & Ors vs Unknown on 22 July, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 45 22.7.2019
A.B. Ct.No.34 C.R.R. 88 of 2006 In the matter of:- GAC Shipping (India) Pvt. Ltd. & Ors.
None appears for the petitioners. No accommodation is sought for.
The revisional application relates to Case No. C-245 of 2005 pending before the learned Metropolitan Magistrate, 13th Court, Calcutta under section 406 of the Indian Penal Code.
I find from the contentions advanced in the revisional application that the petitioners have been implicated as an accused in connection with transaction wherein goods to the tune of Rs.3,20,42,522.70 were entrusted. The main grievance relates to none issuance of Bill of Lading by the accused persons which led to the loss suffered by the complainant. In view of the conduct of the accused persons I feel that evidence is required to be adduced by the complainant and thereafter conclusion can be arrived at. The case pending before the learned Metropolitan Magistrate, 13th Court, Calcutta is at the very initial stage and it would not be just and proper to interfere at such an initial stage. I find from the order dated 15.7.2010 passed by this Court that the interim order so granted in respect of stay of the proceedings 2 before the Court below has been extended until further orders. In view of the revisional application being dismissed the interim order is hereby vacated.
The learned Magistrate is directed to proceed with the trial of the case and conclude the same as early as possible.
With the aforesaid observation criminal application being C.R.R. 88 of 2006 is disposed of.
(Tirthankar Ghosh, J.)