SISIR KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of present revisional application is a prayer made by the petitioner to quash the proceedings being G.R. Case no 270 of 2018 under Sec. 420/468/471/406 of the Indian Penal Code in connection with Bankura Police Station case no. 92 of 2018 dtd. 17/4/2018. Inspite of service of notice, none appeared on behalf of opposite party No.2.

(2.) The case as set out in the complain lodged by opposite party no. 2, that on 18/3/2016, the borrowers namely, Sri Kalyan Mondal and Smt. Champa Mondal had taken a term loan of Rs.7,30,000.00(Rupees seven lakhs thirty thousand) only from his employer bank namely, State Bank of India, Bankura Branch for purchasing of a tractor and rotavator and it is further alleged that on enquiry by the bank on or about 17/4/2018, the aforesaid borrower could not show the rotavator rather the borrowers alleged that the same had not been supplied by the petitioner who was authorized to deliver tractor, to them. Further allegation is that since loan account of the borrowers had become NPA bank/respondent no. 2 presumed that the present petitioner being owner of M/S Gita Automobiles had connivance with the borrower in misappropriating the public money. On the basis of the said written complaint, investigation started and after completion of investigation , police has submitted charge-sheet against the said borrowers namely, Sri Kalyan Mondal and Smt. Champa Mondal as well as against the present petitioner in its individual capacity.

(3.) Learned advocate for the petitioner Mr. Soumik Ganguli submits that the present petitioner had not taken the loan and he has got no contract with respondent no. 2 and he is alien to the contract between the respondent no. 2 and the borrowers. During investigation, nothing could be collected against the petitioner and the police has submitted charge-sheet against the present petitioner on the basis of surmise and conjecture.