KALLOL KUMAR BYSAK Vs. KRISHAN PRAKASH BHARGAVA

JUDGEMENT

(1.) This application under Section 482 of the code of Criminal procedure has been filed by Kallol Kumar Bysak and Jagadish Prasad Choudhury, who are made accused in C/14918 of 2007 pending in the Court of learned Metropolitan Magistrate, 6th Court at Calcutta under Section 406/34 praying for quashing of the proceeding, mainly, on the following grounds :

(2.) In order to appreciate the entire matter properly, a short reference to the factual background is given below :

(3.) On 3.9.2007 a petition of complaint was filed by Krishan Prakash Bhargava, the opposite party herein, against the petitioner praying for their prosecution under Section 406 of I.P.C. on the ground that the petitioners failed to release his superannuation fund benefits lying with the Titagarh paper mill superannuation fund upon ceasetion of his employment despite several request and advocate's letter dated 7.3.2002. The petitioner no. 1 looks after the function of the trust while the petitioner no. 2 is a Managing Director of the Company. They inconnivance with each other, converted the superannuation fund benefit of the complainant and thereby committed breach of trust.