KEYUR J SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Criminal proceeding being G.R. Case No. 763 of 2010 pending before the learned Judicial Magistrate, 2nd Court at Arambagh, Hooghly arising out of Khanakul Police Station Case No. 217 of 2010 dated 13.09.2010 under sections 406/420/506 of the Indian Penal Code has been assailed. The petitioner is the Managing Director of M/s. Marvel Gem & Jewellery Pvt. Ltd., having its office at 31, Oceanic Apartment, Dr. Tajaboli Road, Bhulabhai Desai Road, Mumbai - 400 026. The petitioner carries on business in dealing with gold jewellery throughout the country. It has been pleaded in the petition that the opposite party No. 2 being the de facto complainant was an employee of the petitioner's company since July 2009 and in usual course of business entrusted with raw gold for converting it to finished products/jewelleries at Mumbai and Kolkata and to sell them on behalf of the petitioner's company in various places in India.

(2.) It is further claimed that on 21.06.2010, the petitioner called upon the opposite party No. 2 at the residence of one Vijay Talwar, BB-53, Salt Lake, Sector-1, Kolkata - 64, but he failed to turn up, as a result a criminal case being Bidhannagar (North) Police Station Case No. 124 of 2010 dated 07.07.2010 under sections 420/406/408 of the Indian Penal Code was registered for investigation.

(3.) It appears that in course of investigation, further statement was recorded on behalf of the petitioner stating that no entrustment of gold was, in fact, made at Kolkata. Such gold ornaments were entrusted at Mumbai and criminal cases have been registered at Mumbai too. On such premise, investigation of the aforesaid case was sought to be transferred to Mumbai. Such transfer was challenged by the opposite party No. 2 in C.R.R. No. 3339 of 2010. The said revisional application has been disposed of with direction upon Investigating Agency to conclude the investigation. The issue of jurisdiction has been kept open and may be raised by the parties, if so advised, before the Trial Court after filing of police report.