SUPRATIK GHOSH Vs. COMMISSIONER OF POLICE OF KOLKATA

JUDGEMENT

(1.) The petitioner lodged a complaint against one Bipro Das Chatterjee and his Company, upon which a First Information Report was registered under Sec. 420/120B of the Indian Penal Code. Bipro Das was arrested and released on bail upon giving an undertaking that he would pay 50 per cent of the total outstanding amount claimed by the petitioner, which would not be less than Rs.6,55,000.00 according to the petitioner. It is alleged that such amount was to be paid within 15 days as per the undertaking of the accused, which was allegedly not complied with by the accused.

(2.) The present respondent no.4 was the Investigating Officer of the case and filed an FRT on October 3, 2001 indicating that the case was civil in nature. During investigation, the respondent no.4 seized all original documents like bills, challans, cheques, etc., by two Seizure Lists dated February 27, 2001 and April 3, 2001.

(3.) The petitioner thereafter filed Money Suit No.01 of 2003 before the Civil Judge, Senior Division, 8th Court at Alipore, against the said Bipro Das Chatterjee and his Company for an amount of Rs.10,58,166.00. Ad valorem court fees to the tune of Rs.25,550.00 was paid for institution of the suit.