VINEET KOTHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against the judgment and order dated July 31, 2019 passed by learned Additional District Judge, Fast Track Court No.1, Alipore, South 24 Parganas in Cri. Motion No. 158 of 2018, wherein the learned Sessions Court while exercising its revisional jurisdiction affirmed the order dated January 18, 2018 passed by the learned Judicial Magistrate, 6th Court, Alipore, South 24 Parganas in connection with South Port Police Case No. 297 dated October 12, 2011 corresponding to C.G.R. No. 3756 of 2011 under Sec. 120B/406/420 of the Indian Penal Code.

(2.) The present petitioner preferred an application under Sec. 239 of Cr.P.C. praying before the Learned Magistrate for discharging him from the case. The learned Magistrate on consideration of the materials was pleased to refuse the same and being aggrieved by the said order the petitioner approached the Sessions Court thereby invoking its revisional jurisdiction and the learned Sessions Court was of the view that at the stage of consideration of charge, according to the materials on record and the contents of the Case Diary sufficient materials surfaced against the accused person and as such did not find any illegality committed by the learned Magistrate while passing the impugned order and as such affirmed the order passed by the learned Magistrate, thereby refusing the petitioner(s) to be discharged from the case.

(3.) The subject matter of the case relates to an advance payment of Rs.1.50.00 crore advanced to the accused/petitioners being made by electronic mode on 30.01.2011, 18.01.2011 and 28.01.2011 for supplying of pulses and in spite of receipt of the said amount the accused/petitioners by entering into a criminal conspiracy refused to supply the pulses/yellow peas and also refused to refund the amount which was received by them. According to the complainant he has been dishonestly induced by the accused/petitioners and as such the accused persons not only cheated him but also committed the offence of criminal breach of trust.