SATYABRATA PRADHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This court is called upon to address a prayer for quashing of proceedings pending in the court of Learned Judicial Magistrate, Dantan, Paschim Medinipur, in connection with G.R. Case No. 2130 of 2011 under Sections 406/420 of the Indian Penal Code, in application of the provisions contained in Section 482 of the Code of Criminal Procedure.

(2.) Learned senior counsel for the petitioner, Mr. Sudipta Moitra, submitted that further continuance of proceedings in the court below even after commencement of trial would be an abuse of process of the court, keeping in view the money, alleged to have been cheated, had already been liquidated by petitioner to the bank, which was taken as loan by the wife of the opposite party no. 2. It was contended by Mr. Moitra that there could not be any culpability survived against the petitioner with the liquidation of loan amount to bank justifying initiation of a prosecution under Sections 406/420 I.P.C.

(3.) Argument was raised by Mr. Moitra that being a beneficiary of loan amount, though sanctioned in favour of the wife of opposite party no. 2, petitioner had already paid entire loan amount to the bank together with interest accrued thereon resulting in no pecuniary loss to the opposite party no. 2/wife of de facto complainant, as alleged to have been sustained.