SURESH KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Sec. 397 and 401 read with Sec. 482 of the Code of Criminal Procedure has been filed by petitioner Suresh Kumar Agarwal, one of the Directors of Piyarelal Imports and Exports Private Limited, impleaded as Opposite Party No.2 petitioner in CRR No. 1739 of 2014, against M/s Piyarelal Imports and Exports, Private Limited represented by Sri Surajit Mukherjee wherein he has prayed for quashing of proceedings of Hare Street Police Station Case No. 326 of 2009 under Ss. 403, 406, 409, 418, 420 and 477A read with Sec. 120B of the Indian Penal Code giving rise to G.R. Case No. 1414 of 2009 pending before the learned Chief Metropolitan Magistrate at Calcutta and for setting aside of order dtd. 19/3/2013 passed by learned Chief Metropolitan Magistrate, Calcutta whereby after submission of Final Report by the investigating officer on dtd. 21/10/2012 the learned Chief Metropolitan Magistrate was pleased to allow the prayer of the Opposite Party in the 'Naraji Petition' and order reinvestigation of the case.

(2.) Brief fact of the case leading to the present application for revision is that, petitioner was one of the Directors of Opposite Party No. 2 Company along with his brother Ramesh Kumar Agarwal and they together looked after the day to day affairs of the company. While petitioner managed the business of the company at Mumbai, Ramesh Kumar Agarwal used to manage the business in Kolkata.

(3.) M/s. R. Piyarelal Group of Companies was started by the father of petitioner and Ramesh Kumar Agarwal who expired in the year 1994. After the death of their mother in 2007 dispute cropped up between the two brothers giving rise to several litigations between them and their families.