SK. ABDUL SABIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been preferred for quashing of initiation and continuation of proceedings being G.R. Case No.2508 of 2017 arising out of Balagar P.S. Case No.308 of 2017 dated December 17, 2017 under Sec. 420/406 of Indian Penal Code (IPC) pending before the court of learned Chief Judicial Magistrate, Hooghly.

(2.) On December 17, 2017, opposite party no.2 had lodged an FIR, inter alia, alleging that in the year 2017 local farmers of the area stored their potato packets in the Soumil Cold Storage private Limited in respect of which petitioner no.1 is former director and petitioner no.2 was an employee under petitioner no.1. The opposite party no.2 alleged in the First Information Report that at the time of refund of the potato packets, the cold storage authority refused to return the same. On the basis of said FIR, aforesaid Balagarh P.S. Case No.308 of 2017 dated December 17, 2017 under Sec. 420/406 IPC was started.

(3.) Mr Chatterjee, learned lawyer appearing on behalf of the petitioners, submits that present disputes between the parties relate to settlement of account and there is no ingredient of the offence punishable under Sec. 420 or 406 of IPC. Opposite party no.2 with an ulterior motive and mala fide intention initiated the said criminal proceeding against the petitioners without any cogent reason, although the de facto complainant admitted that some payment was received from the petitioners. Opposite party no.2 in order to create a pressure has initiated the criminal proceeding and tried to give a colour of a criminal offence in a purely civil dispute to wreck vengeance against the petitioners.