AJAY PAUL Vs. VINAY JHA

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 and Section 245 of the Code of Criminal Procedure filed by the accused/ petitioner challenging the order dated August 26, 2011 passed by the Learned Judicial Magistrate, 2nd Court, Howrah, rejecting the prayer of the accused petitioner for discharge under Section 245 of the Code of Criminal Procedure in criminal Case No. 80/C of 2005 under Section 406 of the Code of Criminal Procedure. The petitioner also challenged the order dated January 25, 2005 passed by the Learned Chief Judicial Magistrate, Howrah, regarding taking of cognizance of the offence and issuance of process against him under Section 406 of the Indian Penal Code. Petitioner prayed for quashing of the Criminal Proceedings arising out of Complaint Case No.80/C of 2005.

(2.) The background aspects of the matter, so far relevant for the present purpose may be narrated, in brief, as follows:

(3.) On January 25, 2005 one Srikanta Roy the Chief Manager of M/s Modern Malleables Limited filed a complaint against the petitioner in the Court of Learned Chief Judicial Magistrate, Howrah with the allegations that his Firm brought 180 M.T. Carbon Alloy Steel Rods in two installments on 13.2.92 and 28.3.93. The said Carbon Alloy Steel Rods were delivered to the warehouse of the petitioner at 138 Andul Road, Police Station, Shibpur, District-Howrah and kept the same on a monthly rent of Rs.30/- per ton. On 3rd July, 1995, his firm requested the petitioner to make arrangement for delivery of the said materials within seven days as they had found the warehouse of the petitioner was under locked. On 12.7.95 the petitioner sent his reply that the employees' union had been on strike since 1st August, 1994 and the union did not allow the petitioner to enter into the warehouse. The petitioner assured that as soon as strike was withdrawn he would make arrangement for delivery of the articles. In January 2005, the complainant came to know that the strike was called off and said Srikanta Ray along with others went to the warehouse of the petitioner. They were prevented by the petitioner. The petitioner denied the existence of the property of the complainant in his warehouse. Srikanta Roy the Chief Manager of M/s Modern Malleables Limited visited Shibpur Police Station and lodged G.D.E. No. 1997 of 2005.