RAJ KUMAR DALMIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against an order dated 11.5.91 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in G.R. Case No. 2845 of 1986 under section 379/114 of the Indian Penal Code arising out of Bowbazar P.S. Case No. 461 dated 22.8.86.

(2.) According to the petitioners Rasoi Vanaspati Distributors, of which the present petitioner Nos. 1 and 2 are the partners advanced a sum of Rs. 13,40,000/- to M/s. Sree Enterprises, of which the defacto complainant Rajendra Kumar Damani was the proprietor and there was a stipulation for repayment of the said amount with interest. According to the petitioners Rs. 4,30,000/- was repaid and an amount of Rs. 9,10,000/- was balance due. According to the contention of the petitioners Damani handed over an Account Payee Pay Order for Rs. 2,75,000/- towards payment of the said outstanding amount. According to the defacto complainant, there was an agreement to the effect that on execution of a document Damani would pay Rs. 2,75,000/- in total liquidation of all their outstanding dues. But the accused/petitioners came to their office, snatched away the unexecuted document as also the A/C Payee Pay Order.

(3.) The contention of the petitioners is that a search warrant was executed pursuant to which certain documents were seized by the investigating officer and if such documents are produced before the Court, there would be no case for framing of charge at all.