Calcutta High Court (Appellete Side)
Anil Kumar & Ors vs Unknown on 1 August, 2022
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
01.08.2022 Sl. No. 03 Srimanta Ct.No. 42 CRR/2663/2022 In the matter of : Anil Kumar & Ors.
...petitioners.
Mr. Sandipan Ganguly, Sr. Adv., Mr. Somopriyo Chowdhury, Adv., Mr. Dipayan Dan, Adv.
...for the petitioner.
Allegation as disclosed in the application under Section 156(3) of the Code of Criminal Procedure on the basis of which Hare Street Police Station Case no. 87/2022 dated 13 th April, 2022 was registered is that the opposite party no. 2 and his wife were the original shareholders and Directors of a Company under the name and style of CAIS Engineering Services Private Limited. Subsequently, the shares of the said Company was transferred in favour of the petitioners. On transfer of shares the petitioners became the Directors and sole shareholders. Subsequently, the petitioners filed a written complaint before the jurisdictional Police Station against the opposite party no. 2 alleging, inter alia, that he has misappropriated funds of the Company by opening and operating a Bank account in the name of the said Company which he was not authorized to open and operate. The instant application under Section 156(3) was filed against the petitioners by the opposite party no. 2 after he was removed from the said Company that the petitioners allegedly embossed digital signature of the opposite party no. 2 in DIR
12. A copy of DIR 12 is annexed at page 70 of the instant application. On fact signature of the opposite party no. 2 does not find place in DIR 12.
2Under such circumstances, the instant revision is admitted.
The petitioners are directed to serve notice upon the opposite party no. 2 under registered speed post with acknowledgement due and to the State of West Bengal through the Learned Public Prosecutor and shall file affidavit- of-service within three weeks from the date of this order.
In the meantime, there shall be an interim order of stay of all further proceedings in connection with Hare Street Police Station Case No. 87/2022 pending before the Learned Chief Judicial Magistrate, Calcutta for a period of six weeks.
( Bibek Chaudhuri, J. )