PRANTOSH CHAKROBORTY Vs. MANOJ KUMAR CHAKRABORTY

JUDGEMENT

(1.) Both the matters arise out of the same proceeding being Case No. C 1556 of 1987 under sections 120-B/420/468/471, Indian Penal Code pending before the learned Metropolitan Magistrate, 17th Court, Calcutta and they have been heard together and this judgment will govern both.

(2.) On August 20, 1987, the O.P. Manoj Kumar Chakraborty, Managing Director, Nirala Properties Private Limited, filed a petition of complaint before the Chief Metropolitan Magistrate, Calcutta against Smt. Anima Basu, Smt. Hanshi Mukherjee (petitioners in Cr.Rev. No. 1670 of 1987) and Sri Prantosh Chakraborty (petitioner in Cr.Rev. No. 1669 of 1987) alleging commission of offences under sections 120;-B/ 420/380/468/471 of the Indian Penal Code. In the said petition of complaint it was inter alia alleged as follows:

(3.) The complainant alleged that all the aforesaid accused persons conjointly and in conspiracy and collusion with each other committed theft of those valuable documents from the registered office of the petitioners company and getting hold of the said original documents forged, manufactured and fabricated documents and used those forged documents to their benefit to sustain a claim causing wrongful loss to the complainant to the extent of Rs. 5,000/- as the accused No.2 on 18-2-1986 received a further sum of Rs. 5,000/ by Cheque No. N40/1001807322 drawn on State Bank of India, Ballygunge Branch from the complainant against the said transaction of sale and the same date another amount of Rs. 5,000/by A/c. Payee Cheque drawn on Central Bank of India, Ballygunge Branch.